从古代以色列到现代以色列:刑法中胎儿保护的历史发展

Yoram Rabin, Yaniv Vaki, Isaac Becker
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摘要

2018年12月12日,阿米德·伊斯雷尔·利夫兰去世。三天前,当阿米德还在母亲的子宫里时,一辆路过的巴勒斯坦人开着一辆汽车向一群在公共汽车站等车的人开枪,其中包括阿米德的父母。阿米德的母亲伤势严重后,耶路撒冷Shaarei Tzedek医院的医生通过紧急剖腹产为她接生,但孩子只活了几天。这一令人心碎的悲剧只是对胎儿进行犯罪行为导致生命丧失的又一个例子。在《出埃及记》中,圣经已经制定了处理胎儿成为犯罪行为受害者的规则。正如我们将看到的,涉及到的核心圣经经文随后被以各种方式解释,并成为不同观点的基础,关于不同情况下对胎儿所做行为的罪责程度和惩罚。我们的讨论将带我们从古以色列到希腊化时代,再到天主教教会法,它为普通法处理这一问题的方法奠定了基础。然后,我们将提到一些现代国际发展,特别是关于法定修正的发展,然后回到现代以色列并讨论这一领域的最近判例法。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
From Ancient Israel to Modern Israel: The Historical Development of the Protection of a Fetus in Criminal Law
On December 12, 2018, Amiad Yisrael Lev-Ran died. Three days earlier, while Amiad was still in his mother’s womb, Palestinians in a passing car opened fire on a group of people waiting at a bus stop – among them, Amiad’s mother and father. After Amiad’s mother was critically wounded, doctors at Shaarei Tzedek hospital in Jerusalem delivered her baby in an emergency C-section, however the baby survived for only a few days. This heart-breaking tragedy is but another example of a criminal act done to a fetus leading to loss of life. Already in the Book of Exodus, the Bible set out rules dealing with situations in which a fetus was the victim of a criminal act. As we shall see, the central Biblical verses involved were subsequently interpreted in various ways and became the basis for differing points of view in regard to the degrees of culpability and punishment for acts done to a fetus in different circumstances. Our discussion will take us from ancient Israel through Hellenistic times to Catholic Canon Law, which laid the basis for the Common Law approach to this matter. We shall then mention some of the modern international developments, especially in regard to statutory amendments, and then return to modern Israel and discuss the recent case law in this area.
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