For most people, killing a baby with their own mother is a completely impossible and inexplicable circumstance. A mother who has had a baby for 9 months suddenly decides to do this ...
The circumstances of the crime may be different, as well as the motives of women. But if it is impossible to penetrate the subconscious of a young mother, then the legislation contains art. 106 of the Criminal Code, it reflects all possible punishments for such women.
Highlights
Pregnancy affects the psychological state of a woman. In the body at this time there are a number of changes, in particular in the hormonal background. Childbirth itself is also associated with physical pain, which can cause clouding of the mind. That is why a separate art. 106 of the Criminal Code, which describes different situations involving a much shorter sentence than for other killings.
The death of a newborn child by his own mother is a crime that can fall under the scope of this article of the law only if the baby is less than 1 month old.
Murder is recognized not only as an active action in relation to the infant (striking, strangulation, drowning). Also a killer in accordance with Art. 106 of the Criminal Code, recognize those women who:
- They left the child in the cold / in the forest / in the attic / in an abandoned house / and more. That is, where the baby could not be found and saved. If an irresponsible mother abandoned the baby in a crowded place, while warmly clothed him (which indicates that she had no purpose to destroy the child), then this is another article, and the punishment for the action is different.
- They stopped feeding the child, maybe they didn’t come to the helpless baby for some time, which caused death.
Unfortunately, killing a recently born human by a mother is not uncommon in Russia. Law enforcement agencies often face difficulty in detecting a crime, collecting evidence, and sentencing.
Art. 106 of the Criminal Code: corpus delicti
The object of breaking the law in this case is the life of a helpless newborn who cannot resist and protect himself. A mother is recognized as a criminal, who was obliged to take care of the baby, feed it and grow it into a full member of society, and instead chose to destroy her child. Despite the fact that the crime is very terrible, the punishment for it is assigned a small, taking into account extenuating circumstances (postpartum depression, difficult life situation, etc.).
The legislation of the Russian Federation regulates several circumstances of the incident on which the prosecution is based:
- During childbirth.
- Within 24 hours after the birth of the baby.
- A traumatic life situation (lack of funds for living, father abandoned his duties, lack of housing).
- Mental disorder due to postpartum depression, not excluding sanity.
In case of non-compliance with the circumstances to which the composition of art. 106 of the Criminal Code, the crime is considered in accordance with another article, and punishment is provided for from 8 years, as for the murder of a minor.
Deprivation of life during childbirth
This wording rarely takes place, since it is very difficult to prove the murder. If the child has not yet been born, then it is considered a fetus, which means that criminal liability is not provided for its death.
The beginning of a newborn’s life is considered the moment when he was born and began to breathe on his own. A child is also considered to be born when the baby's head appears from the birth canal; completely expelled from the womb, but did not begin to breathe; fetus developmental period of more than 22 weeks; an unborn baby, provided that the birth has begun.
Other situations falling under the article
If killing a child does not have extenuating circumstances, then the mother will receive a more severe punishment.
The following circumstances are considered to be situations that traumatize the psyche of a young mother: lack of housing, disappointment in life, absence of a father in a child, difficult financial situation, postpartum depression. In addition, to qualify a crime under Art. 106 of the Criminal Code of the baby should be less than one month.
The presence of a mental illness, and it does not matter exactly when it appeared, can also commute a sentence if a woman is sane. In the case when the mother had a severe fever or delirium during the crime, she is recognized as insane, does not bear punishment and is sent for compulsory treatment.
Statistical data
Mothers convicted of a crime under Art. 106 of the Criminal Code, receive a suspended sentence, corrective labor or a conclusion for 2-4 years. Statistics over the past few years indicate that the number of infanticide is growing. Over the past fifteen years, the number of legal cases under article 106 has grown tenfold.
In the late nineties, there were about 16 such crimes a year, and in the 2000s it was possible to bring to justice up to 200 killer mothers. In addition, many crimes remain undetected, and this is more than a thousand murdered babies every year.