Mother with postpartum depression killing newborn: Is it a crime?
Does a Mother Who Kills Her Newborn Due to Postpartum Depression Commit a Crime?
Based on Clause 1, Article 124 of the Penal Code 2015, which regulates the crime of killing or abandoning a newborn, the provisions are as follows:
A mother who, due to significant influence from outdated thinking or under special objective circumstances, kills her newborn within 07 days after birth shall be sentenced to imprisonment from 06 months to 03 years.
A mother who, due to significant influence from outdated thinking or under special objective circumstances, abandons her newborn within 07 days after birth, leading to the child's death, shall be sentenced to non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years.
Based on Article 21 of this Code, which regulates the state of non-criminal liability, the provisions are as follows:
A person who commits a dangerous act to society while suffering from a mental illness or another illness that causes loss of cognitive ability or control over their behavior shall not bear criminal responsibility.
If your wife suffers from depression that causes a loss of cognitive ability or control over her behavior, she shall not bear criminal responsibility. However, if your wife does not lose cognitive ability or control over her behavior, she shall bear criminal responsibility for killing her newborn and will be sentenced to imprisonment from 06 months to 03 years.
Mandatory Treatment for Offenders with Depression but Not Criminally Prosecuted
Based on Clause 1, Article 49 of this Code, which regulates mandatory treatment for offenders with depression but not prosecuted criminally, the provisions are as follows:
- For a person who commits a dangerous act to society while suffering from an illness specified in Article 21 of this Code, the Procuracy or Court, based on forensic or psychiatric forensic conclusions, may decide to place them in a specialized medical facility for mandatory treatment.
Sincerely!
