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Title of Article

TOPICAL ISSUES ON CONSIDERATION OF KILLING OF A NEWBORN BY HIS MOTHER


Issue
5
Date
2020

Article type
scientific article
UDC
343.622
Pages
133-139
Keywords
 


Authors
Kichigina O.Yu.
Kuzbasskiy institut Federalnoy sluzhby ispolneniya nakazaniy Rossii


Abstract
Issues related to the circumstances of the crime - the murder of a newborn by his mother - are considered. The article analyzes the transformation of society's attitude to killer mothers and the legislator's assessment of this crime in different time periods, starting from the period when infanticide was considered, for example, a tradition, or caused only moral condemnation, to the punishment expressed by the death penalty. The circumstances on the basis of which the murder of a newborn by its mother is recognized as a crime with a privileged crime composition are considered. The paper provides examples of specific court cases in which the illegal actions of women who committed the murder of their children were rather well-planned and deliberate, since the killer tried to hide this fact throughout the pregnancy. The risk group of women who most often become murderous mothers is defined, the signs of their social and moral behavior are given, as well as the most frequently used methods of committing a crime. The article presents the dynamics of crime in Russia, based on official data, and also highlights the issue of high latency for this type of murder. The necessary additions to the article under consideration are proposed, such as fixing a uniform approach to determining the criteria and time period for determining the newborn baby, as well as an in-depth consideration of the circumstances preceding the commission of the crime and establishing the facts of premeditation and intention of murder.

File (in Russian)