Abortion Laws in Libya

LIBYA. Penal Code.

Article 390. Whoever procures the abortion of a pregnant woman without her consent shall be punished by a penalty of imprisonment for a period not exceeding six years.

Article 391. Whoever procures the abortion of a pregnant woman with her consent shall be punished by a penalty of detention for a period not less than six months and the same penalty shall apply to the woman who consented to the abortion.

Article 392. A pregnant woman who procures her own abortion shall be punished by a penalty of detention for a period not less than six months.

Article 393. If as the result of the act provided for in
Article 390 of this Code the woman dies the penalty shall be imprisonment for a period not exceeding 10 years. If dangerous personal injury results then shall the penalty be imprisonment for a period not exceeding 8 years.

If as a result of the act provided for in Article
391 of this Code the woman dies the penalty shall be imprisonment for a period not exceeding 7 years. If grievous or dangerous personal injury results then shall the penalty be detention for a period not less than 1 year.

Article 394. If any of the acts provided for in the preceding Articles are committed for the preservation of the honour of the offender or one of his kindred then shall the penalties prescribed therein be imposed with a reduction of one half.

Article 395. If one of the crimes provided for in Article
390 or in the first paragraph of Article 391 or 393 is committed by a person practising the medical profession the penalty shall in his case be increased by an amount not exceeding one and a half.

In the event of recidivism the offender shall be interdicted from the practice of the medical profession for a period equal to that of the penalty imposed on him.

Law No. 106/1973

Article 115. A physician shall not prescribe measures that cause an abortion on a pregnant woman and similarly may not carry out an operation for an abortion under any circumstances.

However, a medical specialist in gynecology and obstetrics may carry out an operation for an abortion if, on professional grounds, he is convinced that the operation is necessary to preserve the life of the mother. An implementation ordinance shall explain the manner for proceeding in this case.