الأوصاف القانونية لفعل الإجهاض المفضي إلى الموت في التشريعين الأردني و الإماراتي

الملخص EN

This study addresses the legal characterization of the crime of “induced abortion leading to death” in light of the Jordanian and UAE legislations, especially that the the UAE Penal Law does not provide for a special characterization for such a crime.

The study aims at determining the legal characterizations that could be gathered in this crime, which leads to what is known as the “concurrence of the mens rea”.

This is because whoever assaults a pregnant woman with the intention to cause her abortion, and the woman dies as a result, this act could either be characterized as assault leading to death, or induced abortion.

In other words, such an act may have various legal characterizations.

Hence, it is necessary to examine the applicability of the general rules related to the “concurrence of the mens rea” to this crime in light of Article (58) of the Jordanian Penal Law and Article (87) of the UAE Penal Law.

It is also the purpose of this study to discuss the practical dilemmas facing the judiciary when characterizing the crime of induced abortion leading to death, and suggest solutions to such dilemmas.

Therefore, this study shall be divided into two main sections: First: the definition of the crime of induced abortion leading to death under the Jordanian Penal Law; and, Second: the difficulty of determining the legal characterization of the crime of induced abortion leading to death under the Jordanian and the UAE Penal Laws.