Currently, the article states that abortion on demand as well as abortion for reasons of mental health and socio-economic factors are illegal but not punished in Germany. I would disagree. To explain my disagreement, a brief explanation of German criminal doctrine. Unfortunately, I only have German legal literature to back my explaination. Here it goes:
An intentional crime consists of three main elements:
Unrechtstatbestand or external and internal elements of the offense, i.e. Objektiver Tatbestand, or actus reus as external and Vorsatz, or intention as internal element
Illegality
Guilt
If the first element of crime, the external and internal elements of the offense, is satisfied , the actor is punishable for his deeds because the illegality and guilt are presumed to be fulfilled as well, unless the actor provides legal justification or exculpation, thus negating either both or either of the last two elements (illegality and guilt). Source: Wessels/ Beulke, Strafrecht, Allgemeiner Teil (Criminal law, General teachings), 2004, passim and p. 338
Sec. 218 Criminal Code contains the external element of the offense of abortion. Source: Wessels/ Hettinger, Strafrecht, Besonder Teil 1, Straftaten gegen Persönlichkeits- und Gemeinschaftswerte (Criminal law, Particular crimes 1, Crimes against personal and public interests), 2004, p. 66
According to Sec. 218, a termination of a pregancy is to be punished.
However, according to Sec. 218a, the elements of the offense under Sec. 218 have not been fulfilled, if the pregnant woman requests the termination of pregnancy and demonstrated to the physician with a certificate pursuant to Section 219 subsection (2), sent. 2, that she had counseling at least three days before the operation.
Since the internal element of the offense is not fulfilled if the woman bears the said certificate, there is no crime at all. Same result: Wessels/ Hettinger, Strafrecht, Besonder Teil 1, Straftaten gegen Persönlichkeits- und Gemeinschaftswerte (Criminal law, Particular crimes 1, Crimes against personal and public interests), 2004, p. 70
This is also logical as the external element of the offense is, as above-mentioned, an integral element of crime.
Thus, the statement that abortion is illegal but not punished is not logically tenable if "illegal" is meant to convey the meaning that abortion on demand is a crime. I also disagree with the above statement that "such an abortion is considered "against the law, but not punishable"" Blur4760 23:53, 2 June 2007 (UTC)
