CRIMINAL-LEGAL CHARACTERISTICS OF THE MURDER OF A NEWBORN CHILD BY A MOTHER

Author(s): Zavyalova N.A.

Rubric: Rostrum of the young scientist

DOI: 10.21777/2587-9472-2022-1-39-47

Release: 2022-1 (31)

Pages: 39-47

Keywords: infanticide, newborn, responsibility, traumatic situation, mother’s murder of a newborn child during or after childbirth

Annotation: The Constitution of the Russian Federation guarantees everyone the right to life. Human life is an absolute value that is protected regardless of gender, age, race or other circumstances. Criminal legislation plays a special role in its protection. In fulfilling this role, the Criminal Code of the Russian Federation contains a number of important articles on the protection of life, mainly focused on chapter 16 of the Criminal Code of the Russian Federation. Crimes against the life of children occupy a special place among crimes against the person, since children are among the most vulnerable groups of people. The objective side of the crime under Art. 106 of the Criminal Code of the Russian Federation is characterized by the act, the consequences in the form of the death of a newborn and the causal relationship between the act of the mother and the death of the newborn. The object of the crime is the life of a newborn child. In fact, Art. 106 of the Criminal Code of the Russian Federation provides for three types of murder: murder by the mother of a newborn child during or after childbirth; murder by the mother of a newborn child in a traumatic situation; murder by the mother of a newborn child in a mental disorder that does not exclude sanity.

Bibliography: Zavyalova N.A. CRIMINAL-LEGAL CHARACTERISTICS OF THE MURDER OF A NEWBORN CHILD BY A MOTHER // Journal of Legal Sciences. – 2022. – № 1 (31). – С. 39-47. doi: 10.21777/2587-9472-2022-1-39-47