Crimes Committed in Relation to Newborns in the Russian Federation
Despite the fact that the current criminal legislation establishes the elements of a crime that criminalizes the killing of a newborn child by the mother, constructive elements of the crime are interpreted differently by the investigators and the court, which makes it impossible to take into account all significant characteristics of the actions of the persons who committed the crime. The authors note that in order to properly resolve the issue of the responsibility of the mother who committed the murder of a newborn child, one should be differentiated in the assessment of mental disorder. For example, regardless of the form of the disease in the postpartum period of schizophrenia, indicates the presence of a chronic mental disorder, which excludes sanity. The authors come to the conclusion that it is necessary to amend the criminal law. It emphasizes the need to supplement Article 106 of the Criminal Code of the Russian Federation with Clause 3, the provisions of which should contain an aggravating circumstance for the murder of two or more newborns by the mother.