Abstract
This paper, after showing the political-criminal principles of a criminal law of guarantees in the framework of a social and democratic State under the rule of law, deals with the phenomenon of abortion and -by laying the foundations in this precise matter, by virtue of which, in the author's opinion, the correct criminal policy in this respect should be defined- points out the legal formulas used in comparative law in this regard. In the end, he takes sides in the discussion and proposes the regulation he considers most appropriate within the framework of a design that covers not only criminal but also health issues.