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Art. 106 of the Criminal Code: killing a newborn mother

For most people, killing a child with one's own mother is an absolutely impossible and inexplicable circumstance. The mother, who has been carrying the child for 9 months, suddenly decides to do so ...

The circumstances of the crime can be different, like the motives of women. But if you can not penetrate into the subconsciousness of a young mother, then in the legislation there is art. 106 of the Criminal Code, it reflects all possible penalties for such women.

Basic moments

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. The birth itself is also associated with physical pain, which can cause a clouding of the mind. That's why there was a separate art. 106 of the Criminal Code, which describes different situations that provide a much shorter sentence than for other murders.

The death of a newborn child by one's own mother is a crime that can fall under this article of the law only if the baby is less than 1 month old.

Murder is recognized not only as an active action against the baby (striking, strangulation, drowning). Also a murderer in accordance with Art. 106 of the Criminal Code, recognize those women who:

  1. They left the child in the cold / in the forest / in the attic / in the abandoned house / and another. That is, where the baby could not be found and saved. If the irresponsible mother threw the baby in a crowded place, while warmly dressed him (which indicates that she did not have the goal to destroy the child), then this is another article, and the punishment for the action is different.
  2. Stop feeding the baby, perhaps, did not approach the helpless baby at all for a while, which was the cause of death.

Unfortunately, the murder of a newly born person by the mother is not so rare in Russia. Law enforcement agencies often face the difficulty of identifying crime, collecting evidence, and also with the appointment of punishment.

Art. 106 of the Criminal Code: the nature of the crime

The object of violation of the law in this case is the life of a helpless newborn who can not resist and protect himself. A criminal is a mother who was obliged to take care of the baby, feed him and raise him into a full-fledged member of society, and instead chose to destroy her child. Despite the fact that the crime is very terrible, punishment for it is assigned a small one, taking into account mitigating circumstances (postpartum depression, difficult life situation and so on).

The legislation of the Russian Federation regulates several circumstances of the incident on which the charge is based:

  • During childbirth.
  • Within 24 hours after the birth of the baby.
  • Psychotraumatic life situation (lack of funds for living, father refused his duties, lack of housing).
  • Mental disorder due to postpartum depression, not excluding sanity.

In case of non-observance of the circumstances to which the composition of art. 106 of the Criminal Code of the Russian Federation, the crime is considered in accordance with another article, and the penalty is provided from 8 years, as for the murder of a minor.

Deprivation of life during childbirth

This formulation is rarely the case, since it is very difficult to prove murder. If the child is not yet born, then it is considered a fruit, and therefore, criminal liability is not provided for his death.

The beginning of a newborn's life is considered the moment when he was born and began to breathe independently. Also, a child is born, when the baby's head appeared from the birth canal; Completely expelled from the womb, but not beginning to breathe; The fruit of the developmental period is more than 22 weeks; Unborn child, provided that the birth began.

Other situations covered by article

If the killing of the child does not have mitigating circumstances, then the mother will receive a more severe punishment.

Situations that hurt the psyche of a young mother include the following circumstances: lack of housing, disappointment in life, lack of a father's father, a difficult financial situation, postpartum depression. In addition, for the qualification of the crime under Art. 106 of the Criminal Code of the Russian Federation, the baby must be less than one month old.

The presence of a mental illness, and it does not matter when exactly it appeared, can also mitigate the sentence if the woman is sane. In the case when the mother during the crime was a fever or delirium, she is declared insane, does not bear punishment and is sent for compulsory treatment.

Statistical data

Mothers convicted of committing a crime under Art. 106 of the Criminal Code, receive a suspended sentence, correctional labor or imprisonment for 2-4 years. Statistics for the past few years indicate that the number of infanticide increases. Over the past fifteen years, the number of court cases under Article 106 has increased tenfold.

In the late nineties, such crimes were about 16 per year, and in 2000, it was possible to bring to account up to 200 mother-killers. In addition, many crimes remain undetected, and this is more than a thousand killed children each year.

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