Why is abortion not considered murder?

Abortion in Austria


  1. At the beginning of life see: Imabe, The status of the embryo, Vienna (1989)
  2. see FMedRÄG 2015. §17
  3. More on Mifegyne in: IMABE-Info 1/99
  4. Lewisch, Criminal law, BT I2 (1999) p. 5
  5. Section 79 StGB represents an exception: If the mother kills her child during the birth process or under the influence of the same, she is privileged compared to the regulations on murder: the range of punishment is reduced to one to five years.
  6. The following observation is interesting here: If a doctor wants to abort a disabled child by caesarean section shortly before birth, he is exempt from punishment according to Section 97 of the German Criminal Code, and possibly even justified. However, if he wants to give birth to the child by caesarean section and only then discovers a severe disability, he faces a life sentence of up to life imprisonment if he (as in the first case) leaves the child to die.
  7. See: Schmoller, Triffterer, Commentary on the Criminal Code, Section 97
  8. cf. FN 7
  9. The suggestions and reform ideas mentioned here are individually or as a whole supported by numerous organizations, associations and churches, well-known scientists, politicians and interest groups.
  10. Section 97, Paragraph 1, Item 2, Case 3; see 4.iii above
  11. FN 7, RN 35
  12. FN 7, RN 32
  13. OGH partial judgment of March 25, 1999 on "family damage"
  14. Mayer-Maly T., in: Pro Vita 1/1998, p. 8
  15. Details at www.familienbund.at
  16. Pro Vita 1/1998, p. 13