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Debut de la Protection Penale du Droit De Vie

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Abstract:

The right to life, as a biological feature of the human being, stands for the supreme,absolute, erga omnes opposable value, whose absence would invalidate all the other rights andtheir exertion in the society. The hereby article analyzes the European Regulations, as well asthose of the Romanian Criminal Law regarding the moment the right to life’s penal protectionbegins. There are also comparative examinations of the modification proposals regarding theCriminal Law, adopted by the Government of Romania on February 25th 2009 and brought to theattention of the Romanian Parliament, especially those regarding the definition of the moment lifebeings, the incriminating conditions of the abortion and the manners of institutionalizing theinfanticide offence, a recently introduced offence type concerning the harm done to the infant.Upon examining the aforementioned aspects, it can be concluded that with regard to theprotection of the right to life, from the perspective of determining its beginnings, the legislationsare far from being unanimous. Furthermore, the ethical, moral and religious elements of variousstates will reflect into the legal matters surrounding the offences sanctioning the breaking of thesesocial relations, thus continuing to generate numerous debates on doctrinaire and legislativeaspects.

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