Illegal abortion (Article 133 of the Criminal Code of Georgia) is a specific medical crime involving the artificial termination of pregnancy in violation of statutory rules. Abortion is legal in Georgia but subject to strict regulations: it must be performed in a licensed medical facility, by a certified doctor, and within established timeframes (up to 12 weeks for any reason, and thereafter only for medical indications). Any deviation from these rules — for example, home abortions, procedures by persons without medical education, or violating time limits — constitutes a criminal offense. Charges can be brought against both a doctor and any person who performed the procedure (e.g., a "midwife" or self-taught individual). The patient (pregnant woman) is not criminally liable under this article.
What does the Illegal Abortion Defense service cover?
A lawyer's assistance is essential for the accused to protect their rights and professional future. Services include:
- Qualification of the act: Determining whether an abortion (removal of the fetus) actually took place or if it was another type of manipulation. Sometimes managing a spontaneous abortion (miscarriage) is misinterpreted as criminal abortion.
- Analysis of medical indications: If the abortion was performed after 12 weeks, the lawyer works to prove that there was an urgent medical indication (e.g., saving the mother's life), which excludes criminal liability.
- Evidence evaluation: Checking the legality of seized medical instruments, medications, and patient testimony.
- Plea agreement: Mitigating the sentence, especially if the act did not result in severe health damage to the patient.
Common Real-World Scenarios
Charges are often related to the following scenarios:
- Home abortions: A doctor or nurse performs an abortion in a home setting without the appropriate permit certificate and hygienic conditions.
- Violation of time limits: Performing an abortion after 12 weeks of pregnancy for social reasons (e.g., gender selection), which is categorically prohibited.
- Unlicensed person: The procedure is performed by a person who does not have higher medical education or a relevant certificate.
- Medical abortion misuse: Illegal sale and instruction of abortion-inducing drugs in non-medical settings (e.g., pharmacies without prescription).
Georgian Legal Framework
Illegal abortion is regulated by Article 133 of the Criminal Code of Georgia. It provides liability for artificial termination of pregnancy if it occurs in violation of the rules established by legislation. Aggravating circumstances include acts resulting in the victim's death or severe health damage, or committed repeatedly. Also important is the Law on "Health Care" (Chapter XXIII), which details the legal conditions for performing an abortion, including the mandatory 5-day reflection period and consultation.
Process and Stages
The defense strategy includes:
- Expertise: Determining if the woman was pregnant and the gestational age. This is critical because if pregnancy is not confirmed, even an attempted abortion is qualified differently.
- Witness interrogation: Questioning the patient, who is often the main witness. It is important to determine if she is being pressured by the investigation.
- Court: The lawyer tries to prove that the accused's action did not cause severe consequences, which grounds for minimizing the sentence.
Why choose a specialist on Legal.ge?
Illegal abortion cases require confidentiality and meticulous knowledge of medical regulations. Legal.ge allows you to find lawyers specializing in medical criminal law. They will protect your interests professionally and discreetly. Find a defender on Legal.ge.
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