Further Notes on the Effectiveness of Abortion Legislation
| Published date | 01 December 1938 |
| Date | 01 December 1938 |
| Author | D. V. Glass |
| DOI | http://doi.org/10.1111/j.1468-2230.1938.tb00408.x |
EFFECTIVENESS
OF
ABORTION LEGISLATION
227
FURTHER NOTES ON
THE
EFFECTIVENESS
OF
ABORTION
LEGISLATION
Since the publication of the paper
on
abortion legislation, in the previous
issue
of
the MODERN
LAW
REVIEW,
some additional information on the
position in Germany and Norway
has
been received by the writer.
As
regards Germany,
a
letter from the Ministry
of
Justice states that
the recent increase in the number of prosecutions for abortion
is
due to
the fact that since
1933
the law
has
been applied with special vigour. In
particular police drives
(mehrjuch
Sonderuktionen)
have led to the discovery
of
a
large number
of
“abortion centres
”
(Abtveibungsstellen)
which, under
the pre-1933 practice of investigating only those cases which were brought
GERMAN
STATISTICS,
1930-1937
-
I3
2
14
I
91
-
13
I
I9 4
I33
3-
3-
-
-
-
-
-
4111
4180
4510
4104
4669
254’
35x7
574’
-
3628
3703
4023
3615
4146
2280
3109
5118
-
444
428
444
446
477
244
364
561
-
I9
37
28
36
26
9
28
41
-
-
20
13
I5
7
18
6
7
I3
-
[A] Public display of objects intended for “lecherous
”
(unziichfigem)
uses-
paragraph
184,
clause
3.
[B] Abortion or killing of foetus-paragraph
218.
sections
1-3.
[C]
Abortion
with
a view
to
profit, or participation therein-paragraph
218,
section
4,
clauses
I
(second half) and
2.
[D] Abortion or killing of foetus without consent of the pregnant woman-
paragraph
218,
section
4,
clause
I
(first half).
Under the
new
paragraph
219
of
the Penal Code-applied in
1g33-only
6
persons have
so
far been prosecuted-1 in
1934
and
5
in 1g35-and
4
of these
were found guilty.
*
The term is
Strafe
und
Maswegel.
and provides
not
only punishment for
the offence but also action to protect society against
the
guilty person, e.g.
“protective custody.”
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