A HISTORICAL ANALYSIS OF THE ORIGIN OF LIABILITY FOR THE KILLING OF A NEWBORN CHILD

Abstract

Определяются теоретические положения развития уголовно-правовой мысли на основе правового понятия детоубийства. Раскрыты исторические аспекты уголовного противоправного деяния детоубийства. Проанализированы специальный субъект данного состава преступления на основе норм материального права, а также характерные особенности преступле ния, его общественная опасность. Дана характеристика моральной, общественной стороны данного состава, определены основные условия назначения наказания за совершение данного преступления, исходя из смягчающих обстоятельств вины. The article reveals a complex of theoretical and practical problems inherent in infanticide—one of the unique forms of criminal behaviour. The range of problems affects the methodological, historical, criminological, cultural, and psychological aspects. The object of the research was a complex of system-forming elements of the phenomenon of infanticide as a unique form of criminal tort. In the study, the following general scientific methods were used: analysis, synthesis, system-structural. In the study, the following specific scientific methods were used: comparative-historical, comparative-legal, expert assessment. The aim of the article includes the disclosure of basic theoretical and practical aspects of infanticide and the determination of the society’s legal attitude to the per son who has committed the crime. The novelty of the study consists in revealing the historical aspects of the criminal unlawful act against children that has taken place over the centuries. Based on the historical background, the criminal legal and procedural mecha nism for the disclosure and investigation of this crime is considered. As a result of the study, the following conclusions were ob tained. The criminal legal composition of the crime of infanticide has always been alarming not only in the state, but also in society. Public conviction in the case of a mother killing her newborn child was more severe than criminal punishment. A woman unable to raise a child, wanting to escape from shame, commits his/her murder. There are cases when a woman in labour, being in a somatic post-partum state, does not give account for her actions, does not take measures to save the baby, which results in the death of the newborn. In both cases, the newborn loses the most precious thing—life. The genesis of the development of the criminal law doctrine of the state clearly shows the legislative consolidation of illegal actions. Criminal liability, in each case, proceeds from the circum stances of the commission of the crime. The analysis of the criminal law on prosecuting mothers for killing their children indicates that, during its historical development, the state established criminal liability in relation to women in labour and to third parties. The sanctions for the murder of a newborn child were different, based on historical periods, religious principles, and geographical loca tion. The state and society condemned women for extramarital affairs and prosecuted them for committing infanticide. An important qualifying feature of this crime is the abandonment of a child after childbirth. The historical approach indicates that this social insti tution was initially practically undeveloped. With the development of the legislation, this provision was enshrined in the disposition of legal norms. In this case, this indicates the attitude of the state and society to the life of the child.