KILLING OR INJURING OF THE NEWBORN COMMITTED BY THE MOTHER IN THE NEW INCRIMINATING FORMULA
KILLING OR INJURING OF THE NEWBORN COMMITTED BY THE MOTHER IN THE NEW INCRIMINATING FORMULA

Summary/Abstract: The killing of the newborn by the mother constitutes one of the offences with a strong emotional impact, unfortunately, still quite widespread especially in social environments in precarious situations. In this paper we set out to analyse this offence from a complex perspective, so that we can define and explain as correctly as possible the legislation in force, by reference to established doctrinal opinions in the matter, to judicial practice, and to the different ways of criminalising this act in the legislation of other states. We have addressed a number of controversial issues, such as the novelty of the current incrimination, the attempt to the offence of infanticide, the sanctioning of criminal participation or the notion and limits of the state of mental disorder, characterized by diminished discernment. This scientific approach includes a number of proposals for a ferenda law, formulated with a view to supplementing and improving the legal text, as well as eliminating ambiguities likely to give rise to an uneven judicial practice in such a sensitive area.

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