Reasons for the Murder of a Newborn Child by a Mother and Criminal Liability for it
摘要
This article explains the origins of the crime of intentional killing of a baby by a mother and analyzes the views of scientists in this regard. The article also discusses the objective and subjective signs of a mother's intentional killing of her child, the criminal liability of a mother for the deliberate killing of her own child in some foreign countries, and some issues of qualification according to her subjective characteristics. Also reasons for the murder of a newborn child by a mother and criminal liability for it. The article defines concepts such as "simple intentional homicide", "secondary grievous homicide", "voluntary drinking", "child murder", "evil intent", "mental imbalance", and "newborn". The article analyzes that this crime curve was committed intentionally, according to the Criminal Code, if a person understood the socially dangerous nature of his actions, saw its socially dangerous consequences and consciously allowed them to occur, such a crime curve was found to be intentional. This article explores the socially dangerous nature of a mother’s intentional actions against her baby in this type of crime, sees its socially dangerous consequences, and consciously allows them to occur. The article contains the concept of "special subject" in the criminal law literature, according to which a person is distinguished from other subjects by additional features, ie subjects defined in the articles of the Special Part of the Criminal Code and having the necessary features for these crimes. The division of special subjects into groups according to different criteria was also analyzed. In the case of the deliberate killing of her own child by the mother, a separate statement of the concept of the time of birth of the crime and the notion of still birth is a necessary feature of the objective aspect of this crime, the article said. This monograph also analyzes the experience of several foreign countries.