The absence of convictions may also be attributed to the judge's comprehension of the social and economic circumstances that may prompt some mothers to seek abortion as a solution.

[5][6] In Egyptian law, the crime is considered a material rather than a formal offense,[5] as the resulting harm is inflicted on a living organism, even if it is a fetus that has not yet emerged into life.

[9][10] Accordingly, the temporal scope of the criminal act of abortion is delineated by the interval between fertilization and the commencement of the birthing process.

[9][10] Accordingly, Egyptian law defines the removal of the fetus from the uterus by artificial means prior to the normal time of birth, even in the earliest stages of pregnancy, as a fetal abortion.

[11] The Egyptian Court of Cassation has ruled that terminating a pregnancy before the fourth month of gestation is not permitted under Islamic law.

[11][14] The legislation in question encompasses a number of methods of abortion, including, but not limited to, physical violence and the use of pharmaceuticals or other techniques that result in the termination of pregnancy.

The distinction between a legally punishable abortion, a miscarriage resulting from a specific medical condition, physical weakness or exertional stress, and a spontaneous birth in which the fetus is expelled naturally without the intervention of external forces, hinges on the method utilized to facilitate this process.

[Notes 3] In the event that the fetus is expelled and the mother subsequently dies, the offenses of abortion and assault, including wounding or the administration of harmful substances, are deemed to have been committed.

[17] There must be a causal relationship between the use of any abortion method and the fetus leaving the womb dead or non-viable before its normal due date.

[18][19] The trial judge is afforded the discretion to determine, in accordance with the general rules, whether there is a causal relationship between the defendant's activity and the criminal outcome.

[18] The mens rea for the crime of abortion requires that the accused was aware, at the time of the act, of the existence of the pregnancy.

[20] To illustrate, a person who persuades a woman, aware that she is pregnant, to engage in high-risk sports without informing her of the potential risks to her pregnancy will not be held legally responsible for the subsequent abortion.

[Notes 5] In addition, the defendant must intend to remove the fetus from the womb before the normal time of birth, which is the result that is criminalized by law in abortion.

[20] The absence of criminal intent is also evident in cases where an individual pushes a pregnant woman, causing her to fall from a high place to the ground, resulting in a miscarriage.

The motive for the abortion may also be the desire to relieve the economic burden that a pregnancy places on a family that is unable to bear it.

[Notes 7][24] "Any individual who intentionally induces a miscarriage in a pregnant woman by administering medication, utilizing methods that result in this outcome, or persuading her to engage in such actions, regardless of her consent, shall be subject to incarceration.

[32][33] According to Article 260 of the Penal Code, any individual who performs an abortion on a pregnant woman with her consent is guilty of a felony, not a misdemeanor.

[8][32] The Egyptian legislature prescribes imprisonment for those convicted of abortion-related misdemeanors, with the length of the sentence falling between two specified limits.

However, the judge is afforded considerable discretion in determining the precise length of the sentence, which may be set within the aforementioned limits.

[33][32] Abortion is considered a felony[Notes 8] if any of the aggravating circumstances set forth in Articles 260 and 263 of the Egyptian Penal Code are met.

[35][36][37] "Any individual who deliberately causes the miscarriage of a pregnant woman through the infliction of physical harm or other forms of violence shall be subject to severe penalties, including prolonged incarceration.

[39] In the context of Egyptian legislation, this is the sole instance in which the method of abortion is explicitly acknowledged, and the potential risks to the pregnant woman's physical wellbeing are duly considered.

For example, a husband may incite his young son to strike his pregnant wife with a large stick on her abdomen with the intention of aborting her pregnancy, thereby achieving the desired result.

[43][44] "Should the individual responsible for the termination of pregnancy be a medical doctor, surgeon, pharmacist, or midwife, they shall be sentenced to rigorous imprisonment.

[46][47] The rationale behind the more severe penalties for individuals who exhibit one or more of the characteristics outlined in the text is that they are more likely to resort to abortion due to their technical proficiency and access to resources and medications that facilitate the procedure without leaving a clear paper trail.

Furthermore, the defendant exploits his position and technical expertise for the ostensible purpose of advancing societal interests, rather than promoting and facilitating access to abortion.

Conversely, if the abortionist is a medical professional, she may be more inclined to pursue the procedure due to the perceived insurance against the risks of the abortion process and the potential consequences, including the death of the woman.