Abortion Laws in Iraq
|Law, Regulations||Penal Code, 1969.|
|Indications||Life (implied on the ground of necessity).|
|Time limit||Not specified.|
|Location of Services||Not specified.|
IRAQ. Penal Code of 19 August 1969.
Article 417. (1) A woman who intentionally performs an abortion on herself through any means or consents to make it possible for another person to do so shall be punished with up to one years’ imprisonment and/or a fine of up to 100 dinars.
(2) Whoever intentionally performs an abortion on her with her consent shall be punished with the same penalty. If the abortion or the means used to carry it out lead to the death of the victim, the punishment shall amount to up to seven years’ hard labor, even if the abortion is not fully performed.
(3) The fact that the perpetrator is a physician, apothecary, chemist or his assistant shall be considered a compounding factor.
(4) The fact that the pregnant woman performs the abortion on herself in order to save herself from shame shall be a ground for mitigation of the punishment if she became pregnant through an unmarried relationship. The same applies if the person performing the abortion is her relative to the second degree.
Article 418. (1)
Whoever intentionally performs an abortion on a woman without her consent shall be punished with up to ten years’ hard labor.
(2) The punishment shall amount to up to fifteen years’ hard labor if the abortion or the means used to carry it out leads to the death of the victim, even if the abortion is not completely performed.
(3) The fact that the perpetrator is a physician, apothecary, chemist, midwife, or his or her assistant shall be considered a compounding factor. In addition, the court shall prohibit the person from exercising his or her profession for up to three years.
Article 419. Notwithstanding a harsher penalty provided for in the law, whoever, without intending to cause an abortion, assaults a woman in that he hits her, inflicts wounds, applies force, administers harmful drinks, or carries out another illegal act, even though he knows that she is pregnant, and thereby causes a miscarriage shall be punished with imprisonment.