The legal world and the world of biological facts do not overlap apparently.
From reading the article, it doesn’t sound like there is any question that murder charges are appropriate - the child was alive when it ‘proceeded, in a living state’ and later died. I’d guess what matters is whether they can connect the death to injury by the man.
The newborn died in hospital shortly after being delivered by emergency C-section following the alleged attack on the woman, who was eight months pregnant.
Prosecutors and defence lawyers told reporters Thursday they differ on whether the fetus was legally considered a living being, but a judge ruled it would be up to a jury to decide.
The evidence heard during the preliminary hearing is subject to a publication ban.
According to the Criminal Code, a child is considered a human being once it has completely proceeded, in a living state, from the body of its mother, whether or not it has breathed, has independent circulation or whether the umbilical cord has been cut.
I was actually focusing on the Criminal Code itself.
The criminal code has difficulty reconciling the legality of abortion with the fact that prosecutors and most of society very much want to give a perpetrator in this type of situation two murder charges.
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