Question of improving the legislative structure of the composition of the murder of a newborn child by a mother is still relevant

Abstract

The article shows that although more than 25 years have passed since the introduction of the privileged composition into the Criminal Code of the Russian Federation in 1996 – the murder of a newborn child by a mother (Article 106), interrelated issues of legislative regulation of this corpus delicti and the qualification of these crimes remain relevant; the author’s position on a number of points concerning the improvement of the legislative structure of the considered the composition of the crime. In particular, the opinion is defended that the key condition for imputation of Article 106 of the Criminal Code of the Russian Federation are changes (deviations) in the psyche of a woman that occur under the influence of the peculiarities of the course of her pregnancy and childbirth, or under the influence of other external circumstances that can injure the psyche of a woman (traumatic circumstances) when she retains control over her behavior, That Article 106 of the Criminal Code of the Russian Federation should not apply to those women whose intent to kill their unborn child was formed during pregnancy, the latter contradicts the essence of the privileged corpus delicti; it is proposed to exclude the term «newborn» from the disposition of Article 106 of the Criminal Code of the Russian Federation, since its literal interpretation unreasonably restricts the use of this corpus delicti.