Psychologically Traumatic Situation as a Formal Element of an Offence under Article 106 of the Criminal Code of the Russian Federation (Murder by a Mother of Her Newborn Child)

Abstract

The study is aimed at finding general grounds of criminal responsibility for neonaticide (murder by a mother of her own newborn child). The formal crime signs listed in article 106 of CCRF have been analysed. The theoretical analysis is supplemented with a study of 40 criminal cases. It was concluded that the common ground for inclusion of the three formal elements of the crime (differing in a number of criteria) is the mother's limited capability to consciously and arbitrarily control her behavior while murdering her newborn child. In the first case, the main factor limiting this legally significant capability is a legislator-presumed specific psychophysical condition of the parturient woman, in the second case it is a specific emotional state caused by a psychologically traumatic event associated with pregnancy and childbirth. The third case is a mental disorder not excluding sanity. A remark about the baby-murdering mother's special emotional condition limiting her capability to be aware of her actions (and control them) has been suggested for inclusion in the text of the article. The advisability of obligatory prescription for a comprehensive forensic psychological and psychiatric examination has been substantiated when the offence is categorized under article 106 of CCRF.

Keywords

• neonaticide
• murder by a mother of her newborn baby
• article 106 of the russian criminal code
• psychologically traumatic situation
• mental disorder not excluding sanity
• comprehensive forensic psychological and psychiatric examination