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Iraqi Penal Code No. 111 of 1969 (selected provisions related to women) – Part 3: Offences against the Person – Chapter 1: Offences affecting the life and physical safety of others – Section 4: Abortion

Section 4: Abortion

Paragraph 417

(1) Any woman who wilfully procures her own miscarriage or enables another to do so with her consent is punishable by a period of detention  not exceeding 1 year plus a fine not exceeding 100 dinars or by one of those penalties.

(2) The same penalty applies to any person who wilfully procures such woman’s miscarriage with her consent. If the abortion or the means used to procure such abortion, even though the pregnancy is not terminated, results in the death of the victim, the penalty will be a term of imprisonment not exceeding 7 years.

(3) If the offender is a doctor, pharmacist, chemist, midwife or assistant of such person, it is considered an aggravating circumstance.

(4) If a woman, having become pregnant through fornication, procures her own miscarriage out of shame it is considered to be a legally mitigating circumstance. The same is true in respect of any woman whose pregnancy is terminated by a relative to the second generation.

Paragraph 418

Any person who wilfully procures the miscarriage of a woman without her consent is punishable by a term of imprisonment not exceeding 10 years.

(2) The penalty will be a term of imprisonment not exceeding 15 years if the abortion or means to procure such abortion, even though the pregnancy is not terminated, results in the death of the victim.

(3) If the offender is a doctor, pharmacist, chemist, midwife or assistant of such person it is considered an aggravating circumstance. The court must order that he be prevented from continuing his profession or work for a period not exceeding 3 years.

Paragraph 419

Without prejudice to any greater penalty prescribed by law, any person who assaults a pregnant woman, while being aware of her condition, by beating or injuring her or with the use of violence or by administering to her toxic substances or by committing any other unlawful act without intending to procure the miscarriage of such woman and thereby causes her to miscarry is punishable by detention.

Next: Part 3: Offences against the Person – Chapter 2: Offences affecting the freedom of an individual and the deprivation of such freedom – Section 1: Unlawful seizure, kidnapping and detention

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