تطبيق أحكام جريمة الإجهاض على الاعتداءات الماسة بأجنة التلقيح الاصطناعي

الملخص EN

The topic of the article relates to the extent to which the provisions of the crime of abortion can be applied to severe attacks on IVF embryos.

It is agreed that the criminalization of the act of abortion in the legislation of countries, including Algerian legislation, came to protect the fetus.

But with the spread of the phenomenon of infertility, science has worked to find new solutions and technologies that help reproduction.

However, the observer for this new type of embryos did not give him a special protection, Although the perception of criminality in the right of this type of embryo is possible, especially in medical centers that practice artificial insemination, which are not subject to the legal conditions established in this type of work.

This legislative vacuum, and the ence of judicial precedents that illuminate and enrich our research, prompted us to investigate the extent to which the provisions of the crime of abortion are applicable to attacks that affect this type of fetus.

Where the study was divided into three sections, the first topic dealt with the legal pillar of the crime of abortion, and in the same topic we tried to drop its rulings on abuse that affects IVF embryos, as well as the matter with regard to the material and moral element.

So we concluded that despite the compatibility of the material element between the two types, there are foundations for the legal and moral element that cannot be found in the assault that affects IVF embryos away from the provisions of the abortion crime Finally, the most important results reached is that despite the material element matching between the two types, there are foundations in the legal and moral pillar that cannot be found in the severe attacks of IVF embryos, which made it among our recommendations that the legislator amend the provisions of the crime of abortion to comply with this type of Embryos, or a special text for them far from the crime of abortion, in addition to the need to review the legal texts regulating the artificial insemination process.