[*8-13-65*] [*65-830*] LIBRARY OF CONGRESS LAW LIBRARY FAR EASTERN LAW DIVISION LEGALITY OF ABORTION FAR EASTERN COUNTRIES Prepared by Members of the Far Eastern Law Division Washington D. C. August 1965[*8-13-65*] [*65-830*] LIBRARY OF CONGRESS LAW LIBRARY FAR EASTERN LAW DIVISION LEGALITY OF ABORTION FAR EASTERN COUNTRIES Prepared by Members of the Far Eastern Law Division Washington D. C. August 1965[*8-13-65*] [*65-830*] LIBRARY OF CONGRESS LAW LIBRARY FAR EASTERN LAW DIVISION LEGALITY OF ABORTION FAR EASTERN COUNTRIES Prepared by Members of the Far Eastern Law Division Washington D. C. August 1965[*8-13-65*] [*65-830*] LIBRARY OF CONGRESS LAW LIBRARY FAR EASTERN LAW DIVISION LEGALITY OF ABORTION FAR EASTERN COUNTRIES Prepared by Members of the Far Eastern Law Division Washington D. C. August 1965[*8-13-65*] [*65-830*] LIBRARY OF CONGRESS LAW LIBRARY FAR EASTERN LAW DIVISION LEGALITY OF ABORTION FAR EASTERN COUNTRIES Prepared by Members of the Far Eastern Law Division Washington D. C. August 1965LEGALITY OF ABORTION BURMA Section 312 of Chapter XVI (Of Offences Affecting the Human Body) of the Penal Code 1/ of Burma states that abortion to save the life of the mother is the only case that is permitted: Whoever voluntarily causes a woman with child to miscarry shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Prepared by: Miss Sirikanya Banchong-Silpa Far Eastern Law Division Law Library Library of Congress ---------------------------------- 1/ India Act XLV, 1860; effective May 1, 1861. Adapted to the Union of Burma in 1940.LEGALITY OF ABORTION BURMA Section 312 of Chapter XVI (Of Offences Affecting the Human Body) of the Penal Code 1/ of Burma states that abortion to save the life of the mother is the only case that is permitted: Whoever voluntarily causes a woman with child to miscarry shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Prepared by: Miss Sirikanya Banchong-Silpa Far Eastern Law Division Law Library Library of Congress ---------------------------------- 1/ India Act XLV, 1860; effective May 1, 1861. Adapted to the Union of Burma in 1940.LEGALITY OF ABORTION BURMA Section 312 of Chapter XVI (Of Offences Affecting the Human Body) of the Penal Code 1/ of Burma states that abortion to save the life of the mother is the only case that is permitted: Whoever voluntarily causes a woman with child to miscarry shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Prepared by: Miss Sirikanya Banchong-Silpa Far Eastern Law Division Law Library Library of Congress ---------------------------------- 1/ India Act XLV, 1860; effective May 1, 1861. Adapted to the Union of Burma in 1940.LEGALITY OF ABORTION BURMA Section 312 of Chapter XVI (Of Offences Affecting the Human Body) of the Penal Code 1/ of Burma states that abortion to save the life of the mother is the only case that is permitted: Whoever voluntarily causes a woman with child to miscarry shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Prepared by: Miss Sirikanya Banchong-Silpa Far Eastern Law Division Law Library Library of Congress ---------------------------------- 1/ India Act XLV, 1860; effective May 1, 1861. Adapted to the Union of Burma in 1940.LEGALITY OF ABORTION BURMA Section 312 of Chapter XVI (Of Offences Affecting the Human Body) of the Penal Code 1/ of Burma states that abortion to save the life of the mother is the only case that is permitted: Whoever voluntarily causes a woman with child to miscarry shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Prepared by: Miss Sirikanya Banchong-Silpa Far Eastern Law Division Law Library Library of Congress ---------------------------------- 1/ India Act XLV, 1860; effective May 1, 1861. Adapted to the Union of Burma in 1940.LEGALITY OF ABORTION CAMBODIA In Cambodia abortion for medical reasons is permitted according to Article 659 of the Penal Code 1/ which states: Abortion is not punishable if it constitutes a measure necessary to save the life of a mother in danger and if it is performed by a responsible and qualified physician after having obtained the permission of the communal authorities. Prepared by: Miss Siriykanya Banchong-Silpa Far Eastern Law Division Law Library Library of Congress ------------------------------------- 1/ Promulgated on July 23, 1934.LEGALITY OF ABORTION CAMBODIA In Cambodia abortion for medical reasons is permitted according to Article 659 of the Penal Code 1/ which states: Abortion is not punishable if it constitutes a measure necessary to save the life of a mother in danger and if it is performed by a responsible and qualified physician after having obtained the permission of the communal authorities. Prepared by: Miss Siriykanya Banchong-Silpa Far Eastern Law Division Law Library Library of Congress ------------------------------------- 1/ Promulgated on July 23, 1934.LEGALITY OF ABORTION CAMBODIA In Cambodia abortion for medical reasons is permitted according to Article 659 of the Penal Code 1/ which states: Abortion is not punishable if it constitutes a measure necessary to save the life of a mother in danger and if it is performed by a responsible and qualified physician after having obtained the permission of the communal authorities. Prepared by: Miss Siriykanya Banchong-Silpa Far Eastern Law Division Law Library Library of Congress ------------------------------------- 1/ Promulgated on July 23, 1934.LEGALITY OF ABORTION CAMBODIA In Cambodia abortion for medical reasons is permitted according to Article 659 of the Penal Code 1/ which states: Abortion is not punishable if it constitutes a measure necessary to save the life of a mother in danger and if it is performed by a responsible and qualified physician after having obtained the permission of the communal authorities. Prepared by: Miss Siriykanya Banchong-Silpa Far Eastern Law Division Law Library Library of Congress ------------------------------------- 1/ Promulgated on July 23, 1934.LEGALITY OF ABORTION CAMBODIA In Cambodia abortion for medical reasons is permitted according to Article 659 of the Penal Code 1/ which states: Abortion is not punishable if it constitutes a measure necessary to save the life of a mother in danger and if it is performed by a responsible and qualified physician after having obtained the permission of the communal authorities. Prepared by: Miss Siriykanya Banchong-Silpa Far Eastern Law Division Law Library Library of Congress ------------------------------------- 1/ Promulgated on July 23, 1934.LEGALITY OF ABORTION Republic of China Article 288 of Chapter XXIV (Offences of Abortion) of the Criminal Code of the Republic of China 1/ provides as follows: I. A pregnant woman who by taking drugs or by other means causes her abortion shall be punished with imprisonment for not more than six months, detention, or a fine of not more than 100 yuan. II. A pregnant woman who permits another to cause her abortion shall be subject to the same punishment. III. If the commission of an offence specified in one of the two preceding paragraphs is necessary because of sickness or to avert danger to life, the punishment shall be remitted. Prepared by: Dr. Tao-tai Hsia Chief, Far Eastern Law Division Law Library Library of Congress --------------------------------------- 1/ Promulgated on Jan. 1, 1935 and put into effect on July 1, 1935. TTH:bacLEGALITY OF ABORTION Republic of China Article 288 of Chapter XXIV (Offences of Abortion) of the Criminal Code of the Republic of China 1/ provides as follows: I. A pregnant woman who by taking drugs or by other means causes her abortion shall be punished with imprisonment for not more than six months, detention, or a fine of not more than 100 yuan. II. A pregnant woman who permits another to cause her abortion shall be subject to the same punishment. III. If the commission of an offence specified in one of the two preceding paragraphs is necessary because of sickness or to avert danger to life, the punishment shall be remitted. Prepared by: Dr. Tao-tai Hsia Chief, Far Eastern Law Division Law Library Library of Congress --------------------------------------- 1/ Promulgated on Jan. 1, 1935 and put into effect on July 1, 1935. TTH:bacLEGALITY OF ABORTION Republic of China Article 288 of Chapter XXIV (Offences of Abortion) of the Criminal Code of the Republic of China 1/ provides as follows: I. A pregnant woman who by taking drugs or by other means causes her abortion shall be punished with imprisonment for not more than six months, detention, or a fine of not more than 100 yuan. II. A pregnant woman who permits another to cause her abortion shall be subject to the same punishment. III. If the commission of an offence specified in one of the two preceding paragraphs is necessary because of sickness or to avert danger to life, the punishment shall be remitted. Prepared by: Dr. Tao-tai Hsia Chief, Far Eastern Law Division Law Library Library of Congress --------------------------------------- 1/ Promulgated on Jan. 1, 1935 and put into effect on July 1, 1935. TTH:bacLEGALITY OF ABORTION Republic of China Article 288 of Chapter XXIV (Offences of Abortion) of the Criminal Code of the Republic of China 1/ provides as follows: I. A pregnant woman who by taking drugs or by other means causes her abortion shall be punished with imprisonment for not more than six months, detention, or a fine of not more than 100 yuan. II. A pregnant woman who permits another to cause her abortion shall be subject to the same punishment. III. If the commission of an offence specified in one of the two preceding paragraphs is necessary because of sickness or to avert danger to life, the punishment shall be remitted. Prepared by: Dr. Tao-tai Hsia Chief, Far Eastern Law Division Law Library Library of Congress --------------------------------------- 1/ Promulgated on Jan. 1, 1935 and put into effect on July 1, 1935. TTH:bacLEGALITY OF ABORTION Republic of China Article 288 of Chapter XXIV (Offences of Abortion) of the Criminal Code of the Republic of China 1/ provides as follows: I. A pregnant woman who by taking drugs or by other means causes her abortion shall be punished with imprisonment for not more than six months, detention, or a fine of not more than 100 yuan. II. A pregnant woman who permits another to cause her abortion shall be subject to the same punishment. III. If the commission of an offence specified in one of the two preceding paragraphs is necessary because of sickness or to avert danger to life, the punishment shall be remitted. Prepared by: Dr. Tao-tai Hsia Chief, Far Eastern Law Division Law Library Library of Congress --------------------------------------- 1/ Promulgated on Jan. 1, 1935 and put into effect on July 1, 1935. TTH:bacLEGALITY OF ABORTION JAPAN In Japan abortion in general is punishable under Chapter XXIX (Articles 212 through 216 inclusive) of the Penal Code of 1907: ¹/ Art. 212. When a pregnant woman causes a miscarriage by the use of drugs or other means, imprisonment [at?] forced labor for not more than one year shall be imposed. Art. 213. A person who, at the request of a woman or with her consent, causes her miscarriage, shall be punished with imprisonment at forced labor for not more than two years. If the death or injury of the woman is thereby occasioned, he shall be punished with imprisonment at forced labor for not less than three months or not more than five years. Art. 214. When a doctor, midwife, pharmacist, or druggist who, at the request of a woman or with her consent, effects her miscarriage, imprisonment at forced labor for not less than three months or not more than five years shall be imposed, and if the woman is thereby killed or injured, imprisonment at forced labor for not less than six months or not more than seven years shall be imposed. Art. 215. A person who, not on the request of a woman or without her consent, caused her miscarriage shall be punished with imprisonment at forced labor for not less than six months or not more than seven years. An attempt of the crime provided in the preceding paragraph shall be punished. However, certain acts authorized by law are not subject to punishment in accordance with Article 35 of the same Code: An act done in accordance with a statute or an ordinance or in the course of legitimate business affairs is not punishable. ¹/ Law No. 45, Apr. 24, 1907.LEGALITY OF ABORTION JAPAN In Japan abortion in general is punishable under Chapter XXIX (Articles 212 through 216 inclusive) of the Penal Code of 1907: ¹/ Art. 212. When a pregnant woman causes a miscarriage by the use of drugs or other means, imprisonment [at?] forced labor for not more than one year shall be imposed. Art. 213. A person who, at the request of a woman or with her consent, causes her miscarriage, shall be punished with imprisonment at forced labor for not more than two years. If the death or injury of the woman is thereby occasioned, he shall be punished with imprisonment at forced labor for not less than three months or not more than five years. Art. 214. When a doctor, midwife, pharmacist, or druggist who, at the request of a woman or with her consent, effects her miscarriage, imprisonment at forced labor for not less than three months or not more than five years shall be imposed, and if the woman is thereby killed or injured, imprisonment at forced labor for not less than six months or not more than seven years shall be imposed. Art. 215. A person who, not on the request of a woman or without her consent, caused her miscarriage shall be punished with imprisonment at forced labor for not less than six months or not more than seven years. An attempt of the crime provided in the preceding paragraph shall be punished. However, certain acts authorized by law are not subject to punishment in accordance with Article 35 of the same Code: An act done in accordance with a statute or an ordinance or in the course of legitimate business affairs is not punishable. ¹/ Law No. 45, Apr. 24, 1907.LEGALITY OF ABORTION JAPAN In Japan abortion in general is punishable under Chapter XXIX (Articles 212 through 216 inclusive) of the Penal Code of 1907: ¹/ Art. 212. When a pregnant woman causes a miscarriage by the use of drugs or other means, imprisonment [at?] forced labor for not more than one year shall be imposed. Art. 213. A person who, at the request of a woman or with her consent, causes her miscarriage, shall be punished with imprisonment at forced labor for not more than two years. If the death or injury of the woman is thereby occasioned, he shall be punished with imprisonment at forced labor for not less than three months or not more than five years. Art. 214. When a doctor, midwife, pharmacist, or druggist who, at the request of a woman or with her consent, effects her miscarriage, imprisonment at forced labor for not less than three months or not more than five years shall be imposed, and if the woman is thereby killed or injured, imprisonment at forced labor for not less than six months or not more than seven years shall be imposed. Art. 215. A person who, not on the request of a woman or without her consent, caused her miscarriage shall be punished with imprisonment at forced labor for not less than six months or not more than seven years. An attempt of the crime provided in the preceding paragraph shall be punished. However, certain acts authorized by law are not subject to punishment in accordance with Article 35 of the same Code: An act done in accordance with a statute or an ordinance or in the course of legitimate business affairs is not punishable. ¹/ Law No. 45, Apr. 24, 1907.LEGALITY OF ABORTION JAPAN In Japan abortion in general is punishable under Chapter XXIX (Articles 212 through 216 inclusive) of the Penal Code of 1907: ¹/ Art. 212. When a pregnant woman causes a miscarriage by the use of drugs or other means, imprisonment [at?] forced labor for not more than one year shall be imposed. Art. 213. A person who, at the request of a woman or with her consent, causes her miscarriage, shall be punished with imprisonment at forced labor for not more than two years. If the death or injury of the woman is thereby occasioned, he shall be punished with imprisonment at forced labor for not less than three months or not more than five years. Art. 214. When a doctor, midwife, pharmacist, or druggist who, at the request of a woman or with her consent, effects her miscarriage, imprisonment at forced labor for not less than three months or not more than five years shall be imposed, and if the woman is thereby killed or injured, imprisonment at forced labor for not less than six months or not more than seven years shall be imposed. Art. 215. A person who, not on the request of a woman or without her consent, caused her miscarriage shall be punished with imprisonment at forced labor for not less than six months or not more than seven years. An attempt of the crime provided in the preceding paragraph shall be punished. However, certain acts authorized by law are not subject to punishment in accordance with Article 35 of the same Code: An act done in accordance with a statute or an ordinance or in the course of legitimate business affairs is not punishable. ¹/ Law No. 45, Apr. 24, 1907.LEGALITY OF ABORTION JAPAN In Japan abortion in general is punishable under Chapter XXIX (Articles 212 through 216 inclusive) of the Penal Code of 1907: ¹/ Art. 212. When a pregnant woman causes a miscarriage by the use of drugs or other means, imprisonment [at?] forced labor for not more than one year shall be imposed. Art. 213. A person who, at the request of a woman or with her consent, causes her miscarriage, shall be punished with imprisonment at forced labor for not more than two years. If the death or injury of the woman is thereby occasioned, he shall be punished with imprisonment at forced labor for not less than three months or not more than five years. Art. 214. When a doctor, midwife, pharmacist, or druggist who, at the request of a woman or with her consent, effects her miscarriage, imprisonment at forced labor for not less than three months or not more than five years shall be imposed, and if the woman is thereby killed or injured, imprisonment at forced labor for not less than six months or not more than seven years shall be imposed. Art. 215. A person who, not on the request of a woman or without her consent, caused her miscarriage shall be punished with imprisonment at forced labor for not less than six months or not more than seven years. An attempt of the crime provided in the preceding paragraph shall be punished. However, certain acts authorized by law are not subject to punishment in accordance with Article 35 of the same Code: An act done in accordance with a statute or an ordinance or in the course of legitimate business affairs is not punishable. ¹/ Law No. 45, Apr. 24, 1907.In 1948, the Eugenic Protection Law 2/ legalized abortion within broad limits. Article 14 of this law provides than an abortion can be performed by a single authorized physician: 1. The physician designated by the Medical Association, that is a corporate juridical body established in the prefectural district as a unit (herein after called the designated physician), may exercise the artificial interruption of pregnancy to the person who falls under any of the following items with the consent of the person in question or the spouse: (1) If the person in question or the spouse has a mental disease, neural weakness, psycho-psychological disease, hereditary physical disease or hereditary deformity; (2) If the person in question or the spouse has a blood relation of within the 4th degree or consanguinity who has a hereditary mental disease, hereditary mental weakness, hereditary Psycho-pathological disease, hereditary physical disease or hereditary deformity; (3) If the person in question or the spouse is suffering from leprosy; (4) If the life of the mother is extremely endangered by the continued pregnancy or by childbirth due to physical or economic reasons; (5) If the mother is pregnant due to carnal knowledge obtained by violence or threat, or impossibility of resistance and refusal of the same. 2. The consent described in the preceding paragraph is sufficient with the sole consent of the person in question, if the spouse is unknown or cannot express his or her intention. _____ 2/ Law No. 156, July 13, 1948 as ascended by Law No. 140, 1962.In 1948, the Eugenic Protection Law 2/ legalized abortion within broad limits. Article 14 of this law provides than an abortion can be performed by a single authorized physician: 1. The physician designated by the Medical Association, that is a corporate juridical body established in the prefectural district as a unit (herein after called the designated physician), may exercise the artificial interruption of pregnancy to the person who falls under any of the following items with the consent of the person in question or the spouse: (1) If the person in question or the spouse has a mental disease, neural weakness, psycho-psychological disease, hereditary physical disease or hereditary deformity; (2) If the person in question or the spouse has a blood relation of within the 4th degree or consanguinity who has a hereditary mental disease, hereditary mental weakness, hereditary Psycho-pathological disease, hereditary physical disease or hereditary deformity; (3) If the person in question or the spouse is suffering from leprosy; (4) If the life of the mother is extremely endangered by the continued pregnancy or by childbirth due to physical or economic reasons; (5) If the mother is pregnant due to carnal knowledge obtained by violence or threat, or impossibility of resistance and refusal of the same. 2. The consent described in the preceding paragraph is sufficient with the sole consent of the person in question, if the spouse is unknown or cannot express his or her intention. _____ 2/ Law No. 156, July 13, 1948 as ascended by Law No. 140, 1962.In 1948, the Eugenic Protection Law 2/ legalized abortion within broad limits. Article 14 of this law provides than an abortion can be performed by a single authorized physician: 1. The physician designated by the Medical Association, that is a corporate juridical body established in the prefectural district as a unit (herein after called the designated physician), may exercise the artificial interruption of pregnancy to the person who falls under any of the following items with the consent of the person in question or the spouse: (1) If the person in question or the spouse has a mental disease, neural weakness, psycho-psychological disease, hereditary physical disease or hereditary deformity; (2) If the person in question or the spouse has a blood relation of within the 4th degree or consanguinity who has a hereditary mental disease, hereditary mental weakness, hereditary Psycho-pathological disease, hereditary physical disease or hereditary deformity; (3) If the person in question or the spouse is suffering from leprosy; (4) If the life of the mother is extremely endangered by the continued pregnancy or by childbirth due to physical or economic reasons; (5) If the mother is pregnant due to carnal knowledge obtained by violence or threat, or impossibility of resistance and refusal of the same. 2. The consent described in the preceding paragraph is sufficient with the sole consent of the person in question, if the spouse is unknown or cannot express his or her intention. _____ 2/ Law No. 156, July 13, 1948 as ascended by Law No. 140, 1962.In 1948, the Eugenic Protection Law 2/ legalized abortion within broad limits. Article 14 of this law provides than an abortion can be performed by a single authorized physician: 1. The physician designated by the Medical Association, that is a corporate juridical body established in the prefectural district as a unit (herein after called the designated physician), may exercise the artificial interruption of pregnancy to the person who falls under any of the following items with the consent of the person in question or the spouse: (1) If the person in question or the spouse has a mental disease, neural weakness, psycho-psychological disease, hereditary physical disease or hereditary deformity; (2) If the person in question or the spouse has a blood relation of within the 4th degree or consanguinity who has a hereditary mental disease, hereditary mental weakness, hereditary Psycho-pathological disease, hereditary physical disease or hereditary deformity; (3) If the person in question or the spouse is suffering from leprosy; (4) If the life of the mother is extremely endangered by the continued pregnancy or by childbirth due to physical or economic reasons; (5) If the mother is pregnant due to carnal knowledge obtained by violence or threat, or impossibility of resistance and refusal of the same. 2. The consent described in the preceding paragraph is sufficient with the sole consent of the person in question, if the spouse is unknown or cannot express his or her intention. _____ 2/ Law No. 156, July 13, 1948 as ascended by Law No. 140, 1962.In 1948, the Eugenic Protection Law 2/ legalized abortion within broad limits. Article 14 of this law provides than an abortion can be performed by a single authorized physician: 1. The physician designated by the Medical Association, that is a corporate juridical body established in the prefectural district as a unit (herein after called the designated physician), may exercise the artificial interruption of pregnancy to the person who falls under any of the following items with the consent of the person in question or the spouse: (1) If the person in question or the spouse has a mental disease, neural weakness, psycho-psychological disease, hereditary physical disease or hereditary deformity; (2) If the person in question or the spouse has a blood relation of within the 4th degree or consanguinity who has a hereditary mental disease, hereditary mental weakness, hereditary Psycho-pathological disease, hereditary physical disease or hereditary deformity; (3) If the person in question or the spouse is suffering from leprosy; (4) If the life of the mother is extremely endangered by the continued pregnancy or by childbirth due to physical or economic reasons; (5) If the mother is pregnant due to carnal knowledge obtained by violence or threat, or impossibility of resistance and refusal of the same. 2. The consent described in the preceding paragraph is sufficient with the sole consent of the person in question, if the spouse is unknown or cannot express his or her intention. _____ 2/ Law No. 156, July 13, 1948 as ascended by Law No. 140, 1962.It is interesting to note that under Article 14, paragraph I, item (4) of the above law, there were 1,125,000 legally authorized abortions performed in 1957, 3/ while only five cases were punished under the abortion provisions of the Penal Code in the same year. 4/ Mention should be made of an article printed in the Asahi Shinbun, one of the leading Japanese newspapers, on March 22, 1962, which reported that a Diet member charged that foreign women posing as tourists were coming to Japan to get abortions because the Japanese techniques were superior and the cost was low. The Asahi Evening News of March 23, 1962, however, reported that the Diet member making this assertion could not substantiate his statement. Prepared by: Dr. Sung Yeen Cho Far Eastern Law Division Law Library Library of Congress _______ 3/ Ministry of Health and Welfare, Kosai hakusho, 1958 (The Health and Welfare White Paper of 1958), p. 173. 4/ Supreme Court, Shiho tokai neape[?] (The Annual Judicial Statistics), 1957, v. 2, pt. I, p. 49.It is interesting to note that under Article 14, paragraph I, item (4) of the above law, there were 1,125,000 legally authorized abortions performed in 1957, 3/ while only five cases were punished under the abortion provisions of the Penal Code in the same year. 4/ Mention should be made of an article printed in the Asahi Shinbun, one of the leading Japanese newspapers, on March 22, 1962, which reported that a Diet member charged that foreign women posing as tourists were coming to Japan to get abortions because the Japanese techniques were superior and the cost was low. The Asahi Evening News of March 23, 1962, however, reported that the Diet member making this assertion could not substantiate his statement. Prepared by: Dr. Sung Yeen Cho Far Eastern Law Division Law Library Library of Congress _______ 3/ Ministry of Health and Welfare, Kosai hakusho, 1958 (The Health and Welfare White Paper of 1958), p. 173. 4/ Supreme Court, Shiho tokai neape[?] (The Annual Judicial Statistics), 1957, v. 2, pt. I, p. 49.It is interesting to note that under Article 14, paragraph I, item (4) of the above law, there were 1,125,000 legally authorized abortions performed in 1957, 3/ while only five cases were punished under the abortion provisions of the Penal Code in the same year. 4/ Mention should be made of an article printed in the Asahi Shinbun, one of the leading Japanese newspapers, on March 22, 1962, which reported that a Diet member charged that foreign women posing as tourists were coming to Japan to get abortions because the Japanese techniques were superior and the cost was low. The Asahi Evening News of March 23, 1962, however, reported that the Diet member making this assertion could not substantiate his statement. Prepared by: Dr. Sung Yeen Cho Far Eastern Law Division Law Library Library of Congress _______ 3/ Ministry of Health and Welfare, Kosai hakusho, 1958 (The Health and Welfare White Paper of 1958), p. 173. 4/ Supreme Court, Shiho tokai neape[?] (The Annual Judicial Statistics), 1957, v. 2, pt. I, p. 49.It is interesting to note that under Article 14, paragraph I, item (4) of the above law, there were 1,125,000 legally authorized abortions performed in 1957, 3/ while only five cases were punished under the abortion provisions of the Penal Code in the same year. 4/ Mention should be made of an article printed in the Asahi Shinbun, one of the leading Japanese newspapers, on March 22, 1962, which reported that a Diet member charged that foreign women posing as tourists were coming to Japan to get abortions because the Japanese techniques were superior and the cost was low. The Asahi Evening News of March 23, 1962, however, reported that the Diet member making this assertion could not substantiate his statement. Prepared by: Dr. Sung Yeen Cho Far Eastern Law Division Law Library Library of Congress _______ 3/ Ministry of Health and Welfare, Kosai hakusho, 1958 (The Health and Welfare White Paper of 1958), p. 173. 4/ Supreme Court, Shiho tokai neape[?] (The Annual Judicial Statistics), 1957, v. 2, pt. I, p. 49.It is interesting to note that under Article 14, paragraph I, item (4) of the above law, there were 1,125,000 legally authorized abortions performed in 1957, 3/ while only five cases were punished under the abortion provisions of the Penal Code in the same year. 4/ Mention should be made of an article printed in the Asahi Shinbun, one of the leading Japanese newspapers, on March 22, 1962, which reported that a Diet member charged that foreign women posing as tourists were coming to Japan to get abortions because the Japanese techniques were superior and the cost was low. The Asahi Evening News of March 23, 1962, however, reported that the Diet member making this assertion could not substantiate his statement. Prepared by: Dr. Sung Yeen Cho Far Eastern Law Division Law Library Library of Congress _______ 3/ Ministry of Health and Welfare, Kosai hakusho, 1958 (The Health and Welfare White Paper of 1958), p. 173. 4/ Supreme Court, Shiho tokai neape[?] (The Annual Judicial Statistics), 1957, v. 2, pt. I, p. 49.Added 8-1-68 - 3 - It is interesting to note that under Article 14, paragraph 1, item, (4) of the above law, there were 1,200,000 legally authorized abortions performed in 1957, 3/ and 808,378 cases in 1966, 4/ while only five cases were punished under the abortion provisions of the Penal Code in 1957. 5/ Figures for punishments during the years subsequent to 1957 are as follows: 2 in 1959; 1 in 1960; 3 in 1961; 7 in 1963; and 3 in 1964. 6/ Mention should be made of an article printed in the Asahi Shimbun, one of the leading Japanese newspapers, on March 22, 1962, which reported that a Diet member charged that foreign women posing as tourists were coming to Japan to get abortions because the Japanese techniques were superior and the cost was low. The Asahi Evening News of March 23, 1962, however, reported that the Diet member making this assertion could not substantiate his statement. Prepared by Dr. Sung Yoon Cho Far Eastern Law Division Law Library Library of Congress August, 1968 ______ 3/ Ministry of Health and Welfare, Kosei Hakisho, 1958 [The Health and Welfare White Paper of 1958], p. 173. 4/ Ibid., 1966, p. 80. 5/ Supreme Court, Shiho tokei nempo [The Annual Judicial Statistics], 1957, v. 2, pt. 1, p. 49. 6/ Ibid., 1964, v. 2, pt. 1, pp. 42-43. Added 8-1-68 - 3 - It is interesting to note that under Article 14, paragraph 1, item, (4) of the above law, there were 1,200,000 legally authorized abortions performed in 1957, 3/ and 808,378 cases in 1966, 4/ while only five cases were punished under the abortion provisions of the Penal Code in 1957. 5/ Figures for punishments during the years subsequent to 1957 are as follows: 2 in 1959; 1 in 1960; 3 in 1961; 7 in 1963; and 3 in 1964. 6/ Mention should be made of an article printed in the Asahi Shimbun, one of the leading Japanese newspapers, on March 22, 1962, which reported that a Diet member charged that foreign women posing as tourists were coming to Japan to get abortions because the Japanese techniques were superior and the cost was low. The Asahi Evening News of March 23, 1962, however, reported that the Diet member making this assertion could not substantiate his statement. Prepared by Dr. Sung Yoon Cho Far Eastern Law Division Law Library Library of Congress August, 1968 ______ 3/ Ministry of Health and Welfare, Kosei Hakisho, 1958 [The Health and Welfare White Paper of 1958], p. 173. 4/ Ibid., 1966, p. 80. 5/ Supreme Court, Shiho tokei nempo [The Annual Judicial Statistics], 1957, v. 2, pt. 1, p. 49. 6/ Ibid., 1964, v. 2, pt. 1, pp. 42-43. Added 8-1-68 - 3 - It is interesting to note that under Article 14, paragraph 1, item, (4) of the above law, there were 1,200,000 legally authorized abortions performed in 1957, 3/ and 808,378 cases in 1966, 4/ while only five cases were punished under the abortion provisions of the Penal Code in 1957. 5/ Figures for punishments during the years subsequent to 1957 are as follows: 2 in 1959; 1 in 1960; 3 in 1961; 7 in 1963; and 3 in 1964. 6/ Mention should be made of an article printed in the Asahi Shimbun, one of the leading Japanese newspapers, on March 22, 1962, which reported that a Diet member charged that foreign women posing as tourists were coming to Japan to get abortions because the Japanese techniques were superior and the cost was low. The Asahi Evening News of March 23, 1962, however, reported that the Diet member making this assertion could not substantiate his statement. Prepared by Dr. Sung Yoon Cho Far Eastern Law Division Law Library Library of Congress August, 1968 ______ 3/ Ministry of Health and Welfare, Kosei Hakisho, 1958 [The Health and Welfare White Paper of 1958], p. 173. 4/ Ibid., 1966, p. 80. 5/ Supreme Court, Shiho tokei nempo [The Annual Judicial Statistics], 1957, v. 2, pt. 1, p. 49. 6/ Ibid., 1964, v. 2, pt. 1, pp. 42-43. Added 8-1-68 - 3 - It is interesting to note that under Article 14, paragraph 1, item, (4) of the above law, there were 1,200,000 legally authorized abortions performed in 1957, 3/ and 808,378 cases in 1966, 4/ while only five cases were punished under the abortion provisions of the Penal Code in 1957. 5/ Figures for punishments during the years subsequent to 1957 are as follows: 2 in 1959; 1 in 1960; 3 in 1961; 7 in 1963; and 3 in 1964. 6/ Mention should be made of an article printed in the Asahi Shimbun, one of the leading Japanese newspapers, on March 22, 1962, which reported that a Diet member charged that foreign women posing as tourists were coming to Japan to get abortions because the Japanese techniques were superior and the cost was low. The Asahi Evening News of March 23, 1962, however, reported that the Diet member making this assertion could not substantiate his statement. Prepared by Dr. Sung Yoon Cho Far Eastern Law Division Law Library Library of Congress August, 1968 ______ 3/ Ministry of Health and Welfare, Kosei Hakisho, 1958 [The Health and Welfare White Paper of 1958], p. 173. 4/ Ibid., 1966, p. 80. 5/ Supreme Court, Shiho tokei nempo [The Annual Judicial Statistics], 1957, v. 2, pt. 1, p. 49. 6/ Ibid., 1964, v. 2, pt. 1, pp. 42-43. Added 8-1-68 - 3 - It is interesting to note that under Article 14, paragraph 1, item, (4) of the above law, there were 1,200,000 legally authorized abortions performed in 1957, 3/ and 808,378 cases in 1966, 4/ while only five cases were punished under the abortion provisions of the Penal Code in 1957. 5/ Figures for punishments during the years subsequent to 1957 are as follows: 2 in 1959; 1 in 1960; 3 in 1961; 7 in 1963; and 3 in 1964. 6/ Mention should be made of an article printed in the Asahi Shimbun, one of the leading Japanese newspapers, on March 22, 1962, which reported that a Diet member charged that foreign women posing as tourists were coming to Japan to get abortions because the Japanese techniques were superior and the cost was low. The Asahi Evening News of March 23, 1962, however, reported that the Diet member making this assertion could not substantiate his statement. Prepared by Dr. Sung Yoon Cho Far Eastern Law Division Law Library Library of Congress August, 1968 ______ 3/ Ministry of Health and Welfare, Kosei Hakisho, 1958 [The Health and Welfare White Paper of 1958], p. 173. 4/ Ibid., 1966, p. 80. 5/ Supreme Court, Shiho tokei nempo [The Annual Judicial Statistics], 1957, v. 2, pt. 1, p. 49. 6/ Ibid., 1964, v. 2, pt. 1, pp. 42-43. LEGALITY OF ABORTION NORTH KOREA Articles 119 and 120 of the Penal Code 1/ of 1950 provide: Art. 119. 1. A physician who performs the miscarriage of a woman in the absence of important reasons therefor or a person not possessing specialized medical training who performs the same, shall be punished by imprisonment for a period at exceeding three years. 2. A person who commits crime specified in the preceding paragraph as part of a regular business or without the consent of the pregnant woman, thereby causing the death of the woman, shall be punished by imprisonment for a period not exceeding eight years. Art. 120. A person who compels a woman to undergo a miscarriage shall be punished by imprisonment for a period not exceeding three years. Under the Penal Code, an abortion performed by a pregnant woman by herself carried no criminal sanction. Prepared: Dr. Dung Yoon Cho Far Eastern Law Division Law Library Library of Congress _______ 1/ Promulgated on Mar.3, 1950.LEGALITY OF ABORTION NORTH KOREA Articles 119 and 120 of the Penal Code 1/ of 1950 provide: Art. 119. 1. A physician who performs the miscarriage of a woman in the absence of important reasons therefor or a person not possessing specialized medical training who performs the same, shall be punished by imprisonment for a period at exceeding three years. 2. A person who commits crime specified in the preceding paragraph as part of a regular business or without the consent of the pregnant woman, thereby causing the death of the woman, shall be punished by imprisonment for a period not exceeding eight years. Art. 120. A person who compels a woman to undergo a miscarriage shall be punished by imprisonment for a period not exceeding three years. Under the Penal Code, an abortion performed by a pregnant woman by herself carried no criminal sanction. Prepared: Dr. Dung Yoon Cho Far Eastern Law Division Law Library Library of Congress _______ 1/ Promulgated on Mar.3, 1950.LEGALITY OF ABORTION NORTH KOREA Articles 119 and 120 of the Penal Code 1/ of 1950 provide: Art. 119. 1. A physician who performs the miscarriage of a woman in the absence of important reasons therefor or a person not possessing specialized medical training who performs the same, shall be punished by imprisonment for a period at exceeding three years. 2. A person who commits crime specified in the preceding paragraph as part of a regular business or without the consent of the pregnant woman, thereby causing the death of the woman, shall be punished by imprisonment for a period not exceeding eight years. Art. 120. A person who compels a woman to undergo a miscarriage shall be punished by imprisonment for a period not exceeding three years. Under the Penal Code, an abortion performed by a pregnant woman by herself carried no criminal sanction. Prepared: Dr. Dung Yoon Cho Far Eastern Law Division Law Library Library of Congress _______ 1/ Promulgated on Mar.3, 1950.LEGALITY OF ABORTION NORTH KOREA Articles 119 and 120 of the Penal Code 1/ of 1950 provide: Art. 119. 1. A physician who performs the miscarriage of a woman in the absence of important reasons therefor or a person not possessing specialized medical training who performs the same, shall be punished by imprisonment for a period at exceeding three years. 2. A person who commits crime specified in the preceding paragraph as part of a regular business or without the consent of the pregnant woman, thereby causing the death of the woman, shall be punished by imprisonment for a period not exceeding eight years. Art. 120. A person who compels a woman to undergo a miscarriage shall be punished by imprisonment for a period not exceeding three years. Under the Penal Code, an abortion performed by a pregnant woman by herself carried no criminal sanction. Prepared: Dr. Dung Yoon Cho Far Eastern Law Division Law Library Library of Congress _______ 1/ Promulgated on Mar.3, 1950.LEGALITY OF ABORTION NORTH KOREA Articles 119 and 120 of the Penal Code 1/ of 1950 provide: Art. 119. 1. A physician who performs the miscarriage of a woman in the absence of important reasons therefor or a person not possessing specialized medical training who performs the same, shall be punished by imprisonment for a period at exceeding three years. 2. A person who commits crime specified in the preceding paragraph as part of a regular business or without the consent of the pregnant woman, thereby causing the death of the woman, shall be punished by imprisonment for a period not exceeding eight years. Art. 120. A person who compels a woman to undergo a miscarriage shall be punished by imprisonment for a period not exceeding three years. Under the Penal Code, an abortion performed by a pregnant woman by herself carried no criminal sanction. Prepared: Dr. Dung Yoon Cho Far Eastern Law Division Law Library Library of Congress _______ 1/ Promulgated on Mar.3, 1950.LEGALITY OF ABORTION SOUTH KOREA Abortion is not legalized under Korean law. With respect to the miscarriage of pregnant woman by herself or with her consent, Article 269 of the Penal Code 1/ provides: Sect. 1. A woman who, by the use of drugs or other means, procures [her own] miscarriage shall be punished by penal servitude for not more than one year or fined not more than ten thousand hwan. Sect. 2. The preceding section shall apply to a person who procures the miscarriage of a woman upon her request or with her consent. Sect. 3. A person who commits the crime of the preceding Section, thereby causing injury of the woman, shall be punished by penal servitude for not more than three years; where he causes her death, he shall be punished by penal servitude for not more than seven years. A miscarriage performed by a doctor, etc., or without her consent is provided for in Article 270 of the same Code: Sect. 1. A doctor, herb doctor, midwife, pharmacist or druggist who procures the marriage of a woman upon her request or with her consent, shall be punished by penal servitude for not more than three years. Sect. 2. A person who procures the miscarriage of a woman without her request or consent shall be punished by penal servitude for not more than three years. Sect. 3. A person who commits one of the crimes of the preceding two Sections, thereby causing injury of the woman, shall be punished by penal servitude for not more than five years; where he causes her death, he shall be punished by penal servitude for not more than five years; where he causes her death, he shall be punished by penal servitude for not more than ten years. ______ 1/ Law. No. 293, Sept. 18, 1953. LEGALITY OF ABORTION SOUTH KOREA Abortion is not legalized under Korean law. With respect to the miscarriage of pregnant woman by herself or with her consent, Article 269 of the Penal Code 1/ provides: Sect. 1. A woman who, by the use of drugs or other means, procures [her own] miscarriage shall be punished by penal servitude for not more than one year or fined not more than ten thousand hwan. Sect. 2. The preceding section shall apply to a person who procures the miscarriage of a woman upon her request or with her consent. Sect. 3. A person who commits the crime of the preceding Section, thereby causing injury of the woman, shall be punished by penal servitude for not more than three years; where he causes her death, he shall be punished by penal servitude for not more than seven years. A miscarriage performed by a doctor, etc., or without her consent is provided for in Article 270 of the same Code: Sect. 1. A doctor, herb doctor, midwife, pharmacist or druggist who procures the marriage of a woman upon her request or with her consent, shall be punished by penal servitude for not more than three years. Sect. 2. A person who procures the miscarriage of a woman without her request or consent shall be punished by penal servitude for not more than three years. Sect. 3. A person who commits one of the crimes of the preceding two Sections, thereby causing injury of the woman, shall be punished by penal servitude for not more than five years; where he causes her death, he shall be punished by penal servitude for not more than five years; where he causes her death, he shall be punished by penal servitude for not more than ten years. ______ 1/ Law. No. 293, Sept. 18, 1953. LEGALITY OF ABORTION SOUTH KOREA Abortion is not legalized under Korean law. With respect to the miscarriage of pregnant woman by herself or with her consent, Article 269 of the Penal Code 1/ provides: Sect. 1. A woman who, by the use of drugs or other means, procures [her own] miscarriage shall be punished by penal servitude for not more than one year or fined not more than ten thousand hwan. Sect. 2. The preceding section shall apply to a person who procures the miscarriage of a woman upon her request or with her consent. Sect. 3. A person who commits the crime of the preceding Section, thereby causing injury of the woman, shall be punished by penal servitude for not more than three years; where he causes her death, he shall be punished by penal servitude for not more than seven years. A miscarriage performed by a doctor, etc., or without her consent is provided for in Article 270 of the same Code: Sect. 1. A doctor, herb doctor, midwife, pharmacist or druggist who procures the marriage of a woman upon her request or with her consent, shall be punished by penal servitude for not more than three years. Sect. 2. A person who procures the miscarriage of a woman without her request or consent shall be punished by penal servitude for not more than three years. Sect. 3. A person who commits one of the crimes of the preceding two Sections, thereby causing injury of the woman, shall be punished by penal servitude for not more than five years; where he causes her death, he shall be punished by penal servitude for not more than five years; where he causes her death, he shall be punished by penal servitude for not more than ten years. ______ 1/ Law. No. 293, Sept. 18, 1953. LEGALITY OF ABORTION SOUTH KOREA Abortion is not legalized under Korean law. With respect to the miscarriage of pregnant woman by herself or with her consent, Article 269 of the Penal Code 1/ provides: Sect. 1. A woman who, by the use of drugs or other means, procures [her own] miscarriage shall be punished by penal servitude for not more than one year or fined not more than ten thousand hwan. Sect. 2. The preceding section shall apply to a person who procures the miscarriage of a woman upon her request or with her consent. Sect. 3. A person who commits the crime of the preceding Section, thereby causing injury of the woman, shall be punished by penal servitude for not more than three years; where he causes her death, he shall be punished by penal servitude for not more than seven years. A miscarriage performed by a doctor, etc., or without her consent is provided for in Article 270 of the same Code: Sect. 1. A doctor, herb doctor, midwife, pharmacist or druggist who procures the marriage of a woman upon her request or with her consent, shall be punished by penal servitude for not more than three years. Sect. 2. A person who procures the miscarriage of a woman without her request or consent shall be punished by penal servitude for not more than three years. Sect. 3. A person who commits one of the crimes of the preceding two Sections, thereby causing injury of the woman, shall be punished by penal servitude for not more than five years; where he causes her death, he shall be punished by penal servitude for not more than five years; where he causes her death, he shall be punished by penal servitude for not more than ten years. ______ 1/ Law. No. 293, Sept. 18, 1953. LEGALITY OF ABORTION SOUTH KOREA Abortion is not legalized under Korean law. With respect to the miscarriage of pregnant woman by herself or with her consent, Article 269 of the Penal Code 1/ provides: Sect. 1. A woman who, by the use of drugs or other means, procures [her own] miscarriage shall be punished by penal servitude for not more than one year or fined not more than ten thousand hwan. Sect. 2. The preceding section shall apply to a person who procures the miscarriage of a woman upon her request or with her consent. Sect. 3. A person who commits the crime of the preceding Section, thereby causing injury of the woman, shall be punished by penal servitude for not more than three years; where he causes her death, he shall be punished by penal servitude for not more than seven years. A miscarriage performed by a doctor, etc., or without her consent is provided for in Article 270 of the same Code: Sect. 1. A doctor, herb doctor, midwife, pharmacist or druggist who procures the marriage of a woman upon her request or with her consent, shall be punished by penal servitude for not more than three years. Sect. 2. A person who procures the miscarriage of a woman without her request or consent shall be punished by penal servitude for not more than three years. Sect. 3. A person who commits one of the crimes of the preceding two Sections, thereby causing injury of the woman, shall be punished by penal servitude for not more than five years; where he causes her death, he shall be punished by penal servitude for not more than five years; where he causes her death, he shall be punished by penal servitude for not more than ten years. ______ 1/ Law. No. 293, Sept. 18, 1953. Sect. 4. In the case of the preceding three Sections, suspension of qualifications for not more than seven years shall be additionally imposed. In the absence of express provisions exempting punishment in exceptional cases under the Penal Code, Professor Yi strongly advocated that at least in an emergency case where the life of a pregnant woman is endangered, an abortion should be legalized. Furthermore, he suggests, eugenic, socio-economic and ethical considerations may be additional grounds for legalizing abortions. 2/ Prepared by: Dr. Sung Yoon Cho Far Eastern Law Division Law Library Library of Congress __________ 2/ Kon-ho Yi, [[?]] {Introduction to Criminal Law], Seoul, Korya [[?]] [[?]], 1964, p. 448. Sect. 4. In the case of the preceding three Sections, suspension of qualifications for not more than seven years shall be additionally imposed. In the absence of express provisions exempting punishment in exceptional cases under the Penal Code, Professor Yi strongly advocated that at least in an emergency case where the life of a pregnant woman is endangered, an abortion should be legalized. Furthermore, he suggests, eugenic, socio-economic and ethical considerations may be additional grounds for legalizing abortions. 2/ Prepared by: Dr. Sung Yoon Cho Far Eastern Law Division Law Library Library of Congress __________ 2/ Kon-ho Yi, [[?]] {Introduction to Criminal Law], Seoul, Korya [[?]] [[?]], 1964, p. 448. Sect. 4. In the case of the preceding three Sections, suspension of qualifications for not more than seven years shall be additionally imposed. In the absence of express provisions exempting punishment in exceptional cases under the Penal Code, Professor Yi strongly advocated that at least in an emergency case where the life of a pregnant woman is endangered, an abortion should be legalized. Furthermore, he suggests, eugenic, socio-economic and ethical considerations may be additional grounds for legalizing abortions. 2/ Prepared by: Dr. Sung Yoon Cho Far Eastern Law Division Law Library Library of Congress __________ 2/ Kon-ho Yi, [[?]] {Introduction to Criminal Law], Seoul, Korya [[?]] [[?]], 1964, p. 448. Sect. 4. In the case of the preceding three Sections, suspension of qualifications for not more than seven years shall be additionally imposed. In the absence of express provisions exempting punishment in exceptional cases under the Penal Code, Professor Yi strongly advocated that at least in an emergency case where the life of a pregnant woman is endangered, an abortion should be legalized. Furthermore, he suggests, eugenic, socio-economic and ethical considerations may be additional grounds for legalizing abortions. 2/ Prepared by: Dr. Sung Yoon Cho Far Eastern Law Division Law Library Library of Congress __________ 2/ Kon-ho Yi, [[?]] {Introduction to Criminal Law], Seoul, Korya [[?]] [[?]], 1964, p. 448. Sect. 4. In the case of the preceding three Sections, suspension of qualifications for not more than seven years shall be additionally imposed. In the absence of express provisions exempting punishment in exceptional cases under the Penal Code, Professor Yi strongly advocated that at least in an emergency case where the life of a pregnant woman is endangered, an abortion should be legalized. Furthermore, he suggests, eugenic, socio-economic and ethical considerations may be additional grounds for legalizing abortions. 2/ Prepared by: Dr. Sung Yoon Cho Far Eastern Law Division Law Library Library of Congress __________ 2/ Kon-ho Yi, [[?]] {Introduction to Criminal Law], Seoul, Korya [[?]] [[?]], 1964, p. 448.LEGALITY OF ABORTION MALAYSIA In Malaysia, according to Section 312 of the Penal Code 1/ abortion is only permissible when it is essential for saving the life of a woman: Whoever voluntarily causes a woman with child to miscarry shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment or either description for a term which may extend to three years, or with fine, or with both; and if the woman be quick with child, shall be punished with imprisonment of either description for a term which say extend to seven years, and shall also be liable to fine. Prepared by: Miss Mirikanya Banchong-Silpa Far Eastern Law Division Law Library Library of Congress ___________ 1/ As amended in 1948.LEGALITY OF ABORTION MALAYSIA In Malaysia, according to Section 312 of the Penal Code 1/ abortion is only permissible when it is essential for saving the life of a woman: Whoever voluntarily causes a woman with child to miscarry shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment or either description for a term which may extend to three years, or with fine, or with both; and if the woman be quick with child, shall be punished with imprisonment of either description for a term which say extend to seven years, and shall also be liable to fine. Prepared by: Miss Mirikanya Banchong-Silpa Far Eastern Law Division Law Library Library of Congress ___________ 1/ As amended in 1948.LEGALITY OF ABORTION MALAYSIA In Malaysia, according to Section 312 of the Penal Code 1/ abortion is only permissible when it is essential for saving the life of a woman: Whoever voluntarily causes a woman with child to miscarry shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment or either description for a term which may extend to three years, or with fine, or with both; and if the woman be quick with child, shall be punished with imprisonment of either description for a term which say extend to seven years, and shall also be liable to fine. Prepared by: Miss Mirikanya Banchong-Silpa Far Eastern Law Division Law Library Library of Congress ___________ 1/ As amended in 1948.LEGALITY OF ABORTION MALAYSIA In Malaysia, according to Section 312 of the Penal Code 1/ abortion is only permissible when it is essential for saving the life of a woman: Whoever voluntarily causes a woman with child to miscarry shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment or either description for a term which may extend to three years, or with fine, or with both; and if the woman be quick with child, shall be punished with imprisonment of either description for a term which say extend to seven years, and shall also be liable to fine. Prepared by: Miss Mirikanya Banchong-Silpa Far Eastern Law Division Law Library Library of Congress ___________ 1/ As amended in 1948.LEGALITY OF ABORTION MALAYSIA In Malaysia, according to Section 312 of the Penal Code 1/ abortion is only permissible when it is essential for saving the life of a woman: Whoever voluntarily causes a woman with child to miscarry shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment or either description for a term which may extend to three years, or with fine, or with both; and if the woman be quick with child, shall be punished with imprisonment of either description for a term which say extend to seven years, and shall also be liable to fine. Prepared by: Miss Mirikanya Banchong-Silpa Far Eastern Law Division Law Library Library of Congress ___________ 1/ As amended in 1948.LEGALITY OF ABORTION THAILAND In Thailand, Sections 301, 302, and 305 of Chapter 3 (Abortion) of the Penal Code 1/ provide that abortion is permitted only when performed by a physician for the sake of a woman's health or for victims of rape. statutory rape, and fraudulent seduction: Sect. 301. Any woman who causes abortion for herself, or allows any other persons to procure abortion for her shall be punished with imprisonment not exceeding three years or fine not exceeding six thousand baht, or both. Sect. 302. Whoever procures abortion for any woman with her consent shall be punished with imprisonment not exceeding five years or fine not exceeding then thousand baht, or both. . . . Sect. 305. If the offence mentioned in Sections 301 and 302 he committed by a medical practitioner, and (1) it is necessary for the sake of the woman's health; or (2) the woman is pregnant on account of the offence mentioned in Sanctions 276, 277, 282, 283 or 284 having been committed. the offender is not guilty. The sections referred to in Section 305 (2) provides as follows: Sect. 276. Whoever has sexual intercourse with any woman, other than his wife, against her will, by threatening by any means whatever, by committing any act of violence, by taking advantage of the woman being in the condition _____________ /1 Promulgated in 1956; effective as of Jan, 1, 1957.LEGALITY OF ABORTION THAILAND In Thailand, Sections 301, 302, and 305 of Chapter 3 (Abortion) of the Penal Code 1/ provide that abortion is permitted only when performed by a physician for the sake of a woman's health or for victims of rape. statutory rape, and fraudulent seduction: Sect. 301. Any woman who causes abortion for herself, or allows any other persons to procure abortion for her shall be punished with imprisonment not exceeding three years or fine not exceeding six thousand baht, or both. Sect. 302. Whoever procures abortion for any woman with her consent shall be punished with imprisonment not exceeding five years or fine not exceeding then thousand baht, or both. . . . Sect. 305. If the offence mentioned in Sections 301 and 302 he committed by a medical practitioner, and (1) it is necessary for the sake of the woman's health; or (2) the woman is pregnant on account of the offence mentioned in Sanctions 276, 277, 282, 283 or 284 having been committed. the offender is not guilty. The sections referred to in Section 305 (2) provides as follows: Sect. 276. Whoever has sexual intercourse with any woman, other than his wife, against her will, by threatening by any means whatever, by committing any act of violence, by taking advantage of the woman being in the condition _____________ /1 Promulgated in 1956; effective as of Jan, 1, 1957.LEGALITY OF ABORTION THAILAND In Thailand, Sections 301, 302, and 305 of Chapter 3 (Abortion) of the Penal Code 1/ provide that abortion is permitted only when performed by a physician for the sake of a woman's health or for victims of rape. statutory rape, and fraudulent seduction: Sect. 301. Any woman who causes abortion for herself, or allows any other persons to procure abortion for her shall be punished with imprisonment not exceeding three years or fine not exceeding six thousand baht, or both. Sect. 302. Whoever procures abortion for any woman with her consent shall be punished with imprisonment not exceeding five years or fine not exceeding then thousand baht, or both. . . . Sect. 305. If the offence mentioned in Sections 301 and 302 he committed by a medical practitioner, and (1) it is necessary for the sake of the woman's health; or (2) the woman is pregnant on account of the offence mentioned in Sanctions 276, 277, 282, 283 or 284 having been committed. the offender is not guilty. The sections referred to in Section 305 (2) provides as follows: Sect. 276. Whoever has sexual intercourse with any woman, other than his wife, against her will, by threatening by any means whatever, by committing any act of violence, by taking advantage of the woman being in the condition _____________ /1 Promulgated in 1956; effective as of Jan, 1, 1957.LEGALITY OF ABORTION THAILAND In Thailand, Sections 301, 302, and 305 of Chapter 3 (Abortion) of the Penal Code 1/ provide that abortion is permitted only when performed by a physician for the sake of a woman's health or for victims of rape. statutory rape, and fraudulent seduction: Sect. 301. Any woman who causes abortion for herself, or allows any other persons to procure abortion for her shall be punished with imprisonment not exceeding three years or fine not exceeding six thousand baht, or both. Sect. 302. Whoever procures abortion for any woman with her consent shall be punished with imprisonment not exceeding five years or fine not exceeding then thousand baht, or both. . . . Sect. 305. If the offence mentioned in Sections 301 and 302 he committed by a medical practitioner, and (1) it is necessary for the sake of the woman's health; or (2) the woman is pregnant on account of the offence mentioned in Sanctions 276, 277, 282, 283 or 284 having been committed. the offender is not guilty. The sections referred to in Section 305 (2) provides as follows: Sect. 276. Whoever has sexual intercourse with any woman, other than his wife, against her will, by threatening by any means whatever, by committing any act of violence, by taking advantage of the woman being in the condition _____________ /1 Promulgated in 1956; effective as of Jan, 1, 1957.LEGALITY OF ABORTION THAILAND In Thailand, Sections 301, 302, and 305 of Chapter 3 (Abortion) of the Penal Code 1/ provide that abortion is permitted only when performed by a physician for the sake of a woman's health or for victims of rape. statutory rape, and fraudulent seduction: Sect. 301. Any woman who causes abortion for herself, or allows any other persons to procure abortion for her shall be punished with imprisonment not exceeding three years or fine not exceeding six thousand baht, or both. Sect. 302. Whoever procures abortion for any woman with her consent shall be punished with imprisonment not exceeding five years or fine not exceeding then thousand baht, or both. . . . Sect. 305. If the offence mentioned in Sections 301 and 302 he committed by a medical practitioner, and (1) it is necessary for the sake of the woman's health; or (2) the woman is pregnant on account of the offence mentioned in Sanctions 276, 277, 282, 283 or 284 having been committed. the offender is not guilty. The sections referred to in Section 305 (2) provides as follows: Sect. 276. Whoever has sexual intercourse with any woman, other than his wife, against her will, by threatening by any means whatever, by committing any act of violence, by taking advantage of the woman being in the condition _____________ /1 Promulgated in 1956; effective as of Jan, 1, 1957.of not being able to resist, or by causing the woman to mistake him for any other person, shall be punished with imprisonment of one to ten years and fine of two thousand to twenty thousand baht. Sect. 277. Whoever has sexual intercourse with any girl not over thirteen years of age, with or without her consent, shall be punished with imprisonment of two to twelve years and fine of four thousand to twenty-four thousand baht. Sect. 282. Whoever, in order to gratify the sexual desire of any other person, procures, seduces or takes away, for indecent act, any girl or woman over eighteen years of age, with or without her consent, shall be punished with imprisonment not exceeding five years and fine not exceeding ten thousand baht, whether the various acts constituting such offence be committed in different countries or not. Sect. 283. Whoever, in order to gratify the sexual desire of any other person, procures, seduces or takes away, for indecent act, any woman by any fraudulent or deceitful means, threat, violence, exercising undue influence or coercing against her will by any other means whatever, shall be punished with imprisonment not exceeding seven years and fine not exceeding fourteen thousand baht, whether the various acts constituting such offence he committed in different countries or not. Sect. 284. Whoever takes away any woman for indecent act by any fraudulent or deceitful means, threat, violence, exercising undue influence or coercing against her will by any other means whatever, shall be punished with imprisonment not exceeding seven years and fine not exceeding fourteen thousand baht. Whoever conceals the woman who is taken away according to the first paragraph shall be liable to the same punishment as the person who takes her away. The offence according to this Section is a compoundable offence. Prepared by: Miss Sirikanya Sanchung-Silps Far Eastern Law Division Law Library Library of Congressof not being able to resist, or by causing the woman to mistake him for any other person, shall be punished with imprisonment of one to ten years and fine of two thousand to twenty thousand baht. Sect. 277. Whoever has sexual intercourse with any girl not over thirteen years of age, with or without her consent, shall be punished with imprisonment of two to twelve years and fine of four thousand to twenty-four thousand baht. Sect. 282. Whoever, in order to gratify the sexual desire of any other person, procures, seduces or takes away, for indecent act, any girl or woman over eighteen years of age, with or without her consent, shall be punished with imprisonment not exceeding five years and fine not exceeding ten thousand baht, whether the various acts constituting such offence be committed in different countries or not. Sect. 283. Whoever, in order to gratify the sexual desire of any other person, procures, seduces or takes away, for indecent act, any woman by any fraudulent or deceitful means, threat, violence, exercising undue influence or coercing against her will by any other means whatever, shall be punished with imprisonment not exceeding seven years and fine not exceeding fourteen thousand baht, whether the various acts constituting such offence he committed in different countries or not. Sect. 284. Whoever takes away any woman for indecent act by any fraudulent or deceitful means, threat, violence, exercising undue influence or coercing against her will by any other means whatever, shall be punished with imprisonment not exceeding seven years and fine not exceeding fourteen thousand baht. Whoever conceals the woman who is taken away according to the first paragraph shall be liable to the same punishment as the person who takes her away. The offence according to this Section is a compoundable offence. Prepared by: Miss Sirikanya Sanchung-Silps Far Eastern Law Division Law Library Library of Congressof not being able to resist, or by causing the woman to mistake him for any other person, shall be punished with imprisonment of one to ten years and fine of two thousand to twenty thousand baht. Sect. 277. Whoever has sexual intercourse with any girl not over thirteen years of age, with or without her consent, shall be punished with imprisonment of two to twelve years and fine of four thousand to twenty-four thousand baht. Sect. 282. Whoever, in order to gratify the sexual desire of any other person, procures, seduces or takes away, for indecent act, any girl or woman over eighteen years of age, with or without her consent, shall be punished with imprisonment not exceeding five years and fine not exceeding ten thousand baht, whether the various acts constituting such offence be committed in different countries or not. Sect. 283. Whoever, in order to gratify the sexual desire of any other person, procures, seduces or takes away, for indecent act, any woman by any fraudulent or deceitful means, threat, violence, exercising undue influence or coercing against her will by any other means whatever, shall be punished with imprisonment not exceeding seven years and fine not exceeding fourteen thousand baht, whether the various acts constituting such offence he committed in different countries or not. Sect. 284. Whoever takes away any woman for indecent act by any fraudulent or deceitful means, threat, violence, exercising undue influence or coercing against her will by any other means whatever, shall be punished with imprisonment not exceeding seven years and fine not exceeding fourteen thousand baht. Whoever conceals the woman who is taken away according to the first paragraph shall be liable to the same punishment as the person who takes her away. The offence according to this Section is a compoundable offence. Prepared by: Miss Sirikanya Sanchung-Silps Far Eastern Law Division Law Library Library of Congressof not being able to resist, or by causing the woman to mistake him for any other person, shall be punished with imprisonment of one to ten years and fine of two thousand to twenty thousand baht. Sect. 277. Whoever has sexual intercourse with any girl not over thirteen years of age, with or without her consent, shall be punished with imprisonment of two to twelve years and fine of four thousand to twenty-four thousand baht. Sect. 282. Whoever, in order to gratify the sexual desire of any other person, procures, seduces or takes away, for indecent act, any girl or woman over eighteen years of age, with or without her consent, shall be punished with imprisonment not exceeding five years and fine not exceeding ten thousand baht, whether the various acts constituting such offence be committed in different countries or not. Sect. 283. Whoever, in order to gratify the sexual desire of any other person, procures, seduces or takes away, for indecent act, any woman by any fraudulent or deceitful means, threat, violence, exercising undue influence or coercing against her will by any other means whatever, shall be punished with imprisonment not exceeding seven years and fine not exceeding fourteen thousand baht, whether the various acts constituting such offence he committed in different countries or not. Sect. 284. Whoever takes away any woman for indecent act by any fraudulent or deceitful means, threat, violence, exercising undue influence or coercing against her will by any other means whatever, shall be punished with imprisonment not exceeding seven years and fine not exceeding fourteen thousand baht. Whoever conceals the woman who is taken away according to the first paragraph shall be liable to the same punishment as the person who takes her away. The offence according to this Section is a compoundable offence. Prepared by: Miss Sirikanya Sanchung-Silps Far Eastern Law Division Law Library Library of Congressof not being able to resist, or by causing the woman to mistake him for any other person, shall be punished with imprisonment of one to ten years and fine of two thousand to twenty thousand baht. Sect. 277. Whoever has sexual intercourse with any girl not over thirteen years of age, with or without her consent, shall be punished with imprisonment of two to twelve years and fine of four thousand to twenty-four thousand baht. Sect. 282. Whoever, in order to gratify the sexual desire of any other person, procures, seduces or takes away, for indecent act, any girl or woman over eighteen years of age, with or without her consent, shall be punished with imprisonment not exceeding five years and fine not exceeding ten thousand baht, whether the various acts constituting such offence be committed in different countries or not. Sect. 283. Whoever, in order to gratify the sexual desire of any other person, procures, seduces or takes away, for indecent act, any woman by any fraudulent or deceitful means, threat, violence, exercising undue influence or coercing against her will by any other means whatever, shall be punished with imprisonment not exceeding seven years and fine not exceeding fourteen thousand baht, whether the various acts constituting such offence he committed in different countries or not. Sect. 284. Whoever takes away any woman for indecent act by any fraudulent or deceitful means, threat, violence, exercising undue influence or coercing against her will by any other means whatever, shall be punished with imprisonment not exceeding seven years and fine not exceeding fourteen thousand baht. Whoever conceals the woman who is taken away according to the first paragraph shall be liable to the same punishment as the person who takes her away. The offence according to this Section is a compoundable offence. Prepared by: Miss Sirikanya Sanchung-Silps Far Eastern Law Division Law Library Library of Congress