DUTCH HOOGE RAAD (SUPREME COURT) DECISION ON ABORTUS

The Hoge Raad said in this arrest that for the intentional abortion of a living womb, it is enough that the woman who had the abortion suspected that the child in her womb was still alive. The question of whether the womb is really alive or still alive when it is born can only be answered by experts. If later it turns out that the womb had died previously, the offense will not be carried out because, in Article 297 Sr., titled crimes against life, it is stipulated that for an abortion that is punishable by crime, the condition is that the womb at the time of the abortion is still alive. However, the intention is not a problem. The fact already exists if the perpetrator suspects that the fetus is still alive, but she is “lucky” because she aborted a dead child.

Hoge Raad Decision, dated 29 July 1907, W. 8580, abortus-arrest (ares-abortion).

Source: Criminal Law Book 1: Criminal Law general section material, Mr. J.M. van Bemmelen, Publisher: Binacipta, page 114

Best regards,

Fredrik J. Pinakunary