Paragraph 218b
Pregnancy Termination without or under Incorrect Medical Certification
(1) Whoever terminates a pregnancy in cases described in Paragraph 218a, Sections 2 or 3, without having received written certification from a physician who did not himself perform the pregnancy termination as to whether the conditions described in Paragraph 218a, Sections 2 or 3, were met shall be liable to imprisonment for up to one year or to a fine, unless the offense is punishable under Paragraph 218. Whoever, as a physician, intentionally and knowingly makes an incorrect declaration regarding the [existence] of the conditions described in Paragraph 218a, Sections 2 or 3, for presentation according to Sentence 1 [of Paragraph 218a] shall be liable to imprisonment for up to two years or to a fine, unless the offense is punishable under Paragraph 218. The pregnant woman shall not be liable to punishment pursuant to Sentence 1 or 2.
(2) A physician may not make determinations pursuant to Paragraph 218a, Sections 2 or 3, if a competent agency has prohibited him from doing so because he has been legally convicted of an unlawful act pursuant to Section 1, or to Paragraphs 218, 219a, or 219b, or of another unlawful act that he committed in connection with the termination of a pregnancy. The competent agency may provisionally prohibit a physician from making determinations pursuant to Paragraph 218a, Sections 2 and 3, if an indictment has been admitted to trial based on the suspicion that he committed unlawful acts as indicated in Sentence 1.
Paragraph 218c Breach of Medical Duties in Connection with a Pregnancy Termination
(1) Whoever terminates a pregnancy:
1. without having given the woman an opportunity to explain the reasons for her request for a pregnancy termination;
2. without having given the pregnant woman medical advice about the significance of the operation, especially about the course of events, the after-effects, risks, and possible physical and psychological effects;
3. in cases described in Paragraph 218a, Sections 1 and 3, without having previously convinced himself on the basis of a medical examination as to the length of the pregnancy; or
4. despite having counseled the woman according to Paragraph 218a, Section 1, pursuant to Paragraph 219*,
shall be liable to imprisonment for up to one year or to a fine, unless the act is punishable under Paragraph 218.
(2) The pregnant woman shall not be liable to punishment pursuant to Section 1.
* According to Paragraph 219, which is not reproduced here, the physician who carries out the pregnancy termination cannot be the counselor – eds.
Source of original German text: Strafgesetzbuch, Besonderer Teil, 16. Abschnitt – Straftaten gegen das Leben http://www.dejure.org/gesetze/StGB/218.html
Source of the English translation: http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#StGB_000P218 Reproduced with edits by the GHDI staff.
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