UNELE CONSIDERAȚII ASUPRA INFRACȚIUNII DE VÃTÃMARE A FÃTULUI, PREVÃZUTÃ ÎN ART. 202 DIN NOUL COD PENAL, CU SPECIALÃ REFERIRE LA ÎNȚELESUL NOȚIUNII DE „FÃT” ȘI AL SINTAGMELOR „ÎN TIMPUL NAȘTERII” ȘI „ÎN TIMPUL SARCINII”

The accession of Romania to the European Union on January 1st, 2007 also involved the need for harmonization of national legislation with the European one, which, inter alia, led to the elaboration of a new Criminal Code. This regulation covers some new elements, including the crime of harm to the unborn child, as provided for in Article 202 under the new Criminal Code, as an integral part of Title I of the Special Part dedicated to crime against the person. As stated in the Explanatory Memorandum to the new Criminal Code, by criminalizing such acts it was intended to cover a legal vacuum, i.e. to protect the fetus from the moment of the commencement of the delivery process until completion thereof. In the study hereby, the author examines from the criminal doctrine perspective, but also in terms of medical science, the meaning of the term fetus and the phrases “during childbirth” and “during pregnancy”, advancing some de lege ferenda proposals.