Qualification Problems of a Newborn Child Murder by Mother
The article analyzes the criminal-legal regulation providing for responsibility for the murder of a newborn child by the mother (article 106 of the Criminal Code of the Russian Federation). Special attention is paid to the consideration of the mandatory features of this crime. A number of obstacles preventing the uniform interpretation of article 106 of the Criminal Code is identified. The existing positions in legal science on the identified problems are considered and their own justified ways of solving are proposed. The initial and final moments of ‘newbornness’ are defined, the concepts of time intervals of ‘childbirth period’, ‘immediately after childbirth’ are revealed. The problems of expediency of existence of crime ‘murder by mother of the newborn child in the conditions of a psychotraumatic situation’ are touched upon. The question of lowering the age of criminal responsibility under article 106 of the Criminal Code is raised.