6 ANNEN v. GERMANY - JUDGMENT II. RELEVANT DOMESTIC LAW AND PRACTICE 26. The relevant provisions of the criminal code read as follows: Section 218 Abortion “(1) Whosoever terminates a pregnancy shall be liable to imprisonment of not more than three years or a fine. Acts the effects of which occur before the conclusion of the nidation shall not be deemed to be an abortion within the meaning of this law. (2) In especially serious cases the penalty shall be imprisonment from six months to five years. An especially serious case typically occurs if the offender acts against the will of the pregnant woman; or through gross negligence causes a risk of death or serious injury to the pregnant woman. (3) If the act is committed by the pregnant woman the penalty shall be imprisonment of not more than one year or a fine. (4) The attempt shall be punishable. The pregnant woman shall not be liable for attempt.” Section 218a Exception to liability for abortion “(1) The offence under section 218 shall not be deemed fulfilled if the pregnant woman requests the termination of the pregnancy and demonstrates to the physician by certificate pursuant to section 219 (2) 2nd sentence that she obtained counselling at least three days before the operation; the termination of the pregnancy is performed by a physician; and not more than twelve weeks have elapsed since conception. (2) The termination of pregnancy performed by a physician with the consent of the pregnant woman shall not be unlawful if, considering the present and future living conditions of the pregnant woman, the termination of the pregnancy is medically necessary to avert a danger to the life or the danger of grave injury to the physical or mental health of the pregnant woman and if the danger cannot reasonably be averted in another way from her point of view.” 27. The relevant provision of the Law on Conflicts in Pregnancy (Schwangerschaftskonfliktgesetz) reads as follows: Section 12 Refusal “(1) Nobody is obliged to assist in abortions. ...” 28. The Federal Constitutional Court, in its leading judgment of 28 May 1993 (BVerfGE 88, 203), accepted abortions being performed by physicians after the pregnant woman had obtained counselling by a third person, and developed a rather singular approach by qualifying certain acts of abortion as unlawful, but not punishable. Abortions which are performed without the establishment of a medical indication must not be treated as being justified (not unlawful) (Schwangerschaftsabbrüche, die ohne Feststellung einer