隨著藥物墮胎方法的盛行,有些民眾在懷孕後欲尋求墮胎,卻因為某些因素不 願尋求婦產科醫師協助者,可能會自行購買墮胎藥服用。
事實上,未經醫師開立處方,自行購買、服用墮胎藥,不僅危險,更屬違法。 目前我國之優生保健法第9條對於墮胎要件設有明確規範,須經醫師診斷並滿足一定條件方可墮胎,以確保母體安全與胎兒權益。如果未經醫師診斷而墮胎 者,將屬違法墮胎行為。
違法墮胎者,依刑法第288條之規定:「懷胎婦女服藥或以他法墮胎者,處六月以下有期徒刑。」而應受刑事處罰。此外,如果該藥物是由伴侶或家屬協助購買,甚至是其要求懷胎婦女服用者,該伴侶或家屬亦可能構成前開罪名之 「教唆」或「幫助」犯而受刑罰。
因此,民眾如果有墮胎需求,仍須尋求專業醫師協助,萬萬不可自行服藥墮 胎,以免傷身又觸法。
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With the increasing availability of medication abortion, some individuals may choose to terminate a pregnancy by taking abortion pills without consulting an obstetrician-gynecologist. This could be due to personal, financial, or other reasons. However, it is important to understand the legal implications of such actions.
In fact, purchasing and taking abortion pills without a doctor's prescription is not only dangerous but also illegal. Article 9 of the Genetic Health Act clearly regulates the conditions under which abortion is permitted. A woman must receive a doctor's diagnosis and meet specific legal requirements to ensure both maternal safety and fetal rights. If an abortion is performed without medical approval, it is considered all illegal abortion.
Under Article 228 of the Criminal Code: "A pregnant woman who induces an abortion by taking medication or other means may be sentenced to imprisonment for up to six months." Additionally, if a partner or family member assist in purchasing the medication or even pressures the pregnant woman into taking it, they could also be criminally liable for instigating or aiding and abetting the offense.
Therefore, anyone considering an abortion must seek assistance from a qualified doctor.
Self-administering abortion pills is not only a health risk but also a violation of the law. To avoid endangering one's well-being and facing legal consequences, it is crucial to follow proper medical and legal procedures.
March 22, 2025