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[The beginning of protection of conceived child’s life – the analysis of the subject of abortion crimes’ protection].
A conceived child is the subject of abortion crimes protection in the Criminal code. Under Polish Law, legislators did not predict a legal definition of this term and there is a conflict in literature about the beginning of legislative life protection. At the same time, terminological inconsistency in normative acts should be indicated. More especially, the one in the Criminal code as well as in the legislative from January 7th 1993, which refers to family planning, protection of human fetus, and conditions of allowance on pregnancy termination. Derivative concept of interpretation, which is a basic tool for work on legislative texts, enables solving these doubts. It consists of using linguistic, system and functional directives. Looking at literature, judicature and linguistic meaning of the word „conception”, concludes that criminal law protects human life from the moment of conception. The Constitutional Tribunal in Poland explains that reassurance of protection is a basic rule of human life. Also, this doctrine should indicate the argument about genetic assessment.
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