ON THE QUESTION OF THE VICTIM OF THE CRIME UNDER ARTICLE 123 OF THE CRIMINAL CASE OF THE RUSSIAN FEDERATION

Chigrinets Vladislava Sergeevna

This research article is devoted to a comprehensive study of the status of the victim of the crime under Article 123 of the Criminal Code of the Russian Federation (illegal induced termination of pregnancy). The author analyzes existing doctrinal approaches to the definition of victim and examines the dualistic nature of this concept in the context of this crime. Particular attention is paid to the legal status of the woman as an obvious victim and the fetus as a latent victim, whose right to life, given the medical threshold of viability (22 weeks of pregnancy), is violated as a result of the assault. The article also addresses the moment of commencement of the right to life and its implications for the classification of the act under analysis.

Keywords:victim, right to life, fetus, fetal viability, pregnant woman, illegal termination of pregnancy.