LA INTENCIóN DE DAR MUERTE AL FETO Y SU RELEVANCIA PARA LA IMPUTACIóN OBJETIVA Y SUBJETIVA EN EL DELITO DE ABORTO

a more or less controversial figures of abortion is the specific intention to integrate the subjective face of the criminal types. in this paper an analysis of the express requirements required on some figures of abortion, that is, to act maliciously (art. 342 pc) and abuse of office (art. 345 pc), in conjunction with the extra criminal regulations which may affect the point, in particular health regulations regarding a possible abortion for therapeutic reasons. from this perspective, these types of abortion require action in order to give accurate kill to the fetus, excluding both the posible willful ignorance as the necessary consequences. in the context of medical activity, the behavior performed with a therapeutic purpose and that is not intended to kill the fetus, not even it does not go beyond the scope of allowable risk.