Abortion under Egyptian law

Abortion
Egyptian Penal Law
Bill citationArticles: 260, 261, 262, 263
Status: Current legislation

In accordance with Egyptian law, abortion is considered a criminal act that violates the right to life,[1][2][3] as it is often intended to terminate the fetus right to future life. The Egyptian legislature has dedicated a separate chapter in the Penal Code, Title III, titled "Abortion of Pregnant Women and the Manufacture and Sale of Adulterated Drinks Harmful to Health."[4] Egyptian law does not explicitly define abortion.[5][6][3] Instead, it outlines the various forms of abortion and the corresponding penalties. The Egyptian Court of Cassation defines it as "deliberately terminating a pregnancy prematurely."

Abortion is one of the most prevalent criminal offenses in the real world, yet it is rarely prosecuted in Egypt.[5][6] This is because the crime of abortion relies on the element of concealment and is not reported, rather, it is discovered by chance, particularly if the abortion results in the death of the pregnant woman. Even if they are identified, it is challenging to provide concrete evidence to substantiate their existence. The absence of convictions may also be attributed to the judge's comprehension of the social and economic circumstances that may prompt some mothers to seek abortion as a solution. This prompts the judge to attempt to identify reasons for innocence or even a lack of responsibility.[5][6]

In Egyptian law, the crime is considered a material rather than a formal offense,[5] as the resulting harm is inflicted on a living organism, even if it is a fetus that has not yet emerged into life. Nevertheless, if a fetus that has already separated from the uterus and is on its way out is killed, the act is regarded as murder rather than abortion.[7] The essential element of the crime is the termination of a fetus within the uterus, or the removal of a fetus from the uterus prior to the natural time of birth.[8] Egyptian law does not impose penalties for attempted abortion.[7] However, complicity in abortion is possible through methods of agreement, incitement, or assistance that do not involve the pregnant woman's body. In such cases, the perpetrator would be considered a principal rather than a mere accomplice.[8]

  1. ^ Fattouh Abdullah Al-Shazli. Crimes of individual and property aggression in Egyptian law. p. 115.
  2. ^ Dr. Fattouh Abdullah Al-Shazly. Commentary on the Penal Code (Special Section). p. 587. ISBN [[Special:BookSources/%3Cbdi%3E9775036194%3C%2Fbdi%3E |9775036194]] Parameter error in {{ISBN}}: invalid character.
  3. ^ a b Modern Criminal Encyclopedia, Counselor Ihab Abdulmuttalib, p. 847. ISBN: 9796500171241
  4. ^ Articles 260 through 265 of the Egyptian Penal Code
  5. ^ a b c d Crimes against persons and property, Prof. Dr. Fattouh Abdullah Al-Shazli, p. 115
  6. ^ a b c Commentary on the Penal Code (Special Section), Prof. Dr. Fattouh Abdullah Al-Shazly, p. 587
  7. ^ a b Special Section of the Penal Code, Dr. Ramses Behnam, p. 368
  8. ^ a b Sameh El. Mohamady. السياسة الجنائية للمشرع المصرى فى مواجهة جرائم الإجهاض [Egyptian Legislator′s Criminal Policy Against Abortion Offences] (PDF) (in Arabic). This research paper seeks to identify the criminal policy of the egyptian legislator against one of the most important crimes committed against the fetus, which is the crime of abortion. The paper tries to identify the different images and patterns of this crime and discuss the philosophy of the legislator in the criminalization of abortion. it deals with the legal structure of the crime of abortion and related problems, and the penalties prescribes for each case. The paper ends with a set of recommendations aims at extending more protection and criminal effectiveness against abortion offences.