Ministry proposes amendments to abortion penalties

CRIMINAL CODE UPDATE:
The level of fines for aborting a fetus outside of what is allowed is ‘anachronistic’ and would be increased, the Ministry of Justice said

• By Chung Li-hua and Esme Yeh / Staff reporter, with staff writer

The Ministry of Justice is to propose amendments to the Criminal Code that would increase fines for illegal abortions to NT$80,000 (US$2,498) from NT$3,000, saying the current penalties are “anachronistic.”

The ministry would propose the bill in 14 days to amend Articles 288 and 290, and revoke Article 292 of the Criminal Code, it said in a statement on Tuesday.

According to the draft, the fine for pregnant women who abort a fetus would be increased to NT$80,000 from NT$3,000, while the fine for carrying out an abortion for purposes of gain would be raised to NT$500,000 from NT$15,000.

Photo: Chen Tse-ming, Taipei Times

Those who at the request or with the consent of a pregnant woman cause an abortion for purposes of gain would be fined NT$2 million, up from NT$15,000, if their commission of the offense results in her death, or NT$1 million, up from NT$15,000, if aggregated injury results, it says.

Not all abortions are a crime, as pregnant women could still have an abortion pursuant to the Genetic Health Act (優生保健法) if her bodily autonomy and the fetus’ right to life are respected, the ministry said.

However, abortions should be limited, as a fetus is “a living being growing into a person,” whose right to life should not be deprived or infringed, it said, citing similar laws in Germany and Japan.

Other regulations were established to allow women to get an abortion under circumstances in line with the Convention on the Elimination of All Forms of Discrimination against Women, it added.

As illegal abortions could be committed in many ways, the constituent element stating that an abortion is conducted “by taking drugs or by other means” would be deleted, the ministry said.

The fines have become “anachronistic” and would be increased to align with the penalty brackets of the Criminal Code, it added.

The punishment for pregnant women who cause her abortion or permit others to cause her abortion in situations necessitated by illness or life-threatening conditions — other than those specified in the Genetic Health Act — would be revised from “remitted” to “not punishable,” it said.

Article 292, which regulations penalties and punishments for advertising abortion, would be deleted, following the example of Germany.

The Medical Care Act (醫療法) has set out regulations on advertisements for medical care, it said.