Infanticide as a result of not being aware of the state of pregnancy

Abstract

This paper aims to highlight the mechanism of pregnancy denial by explaining the psychological phenomena that lead a woman to be unaware of her state of pregnancy. This subject becomes particularly relevant in the analysis of the state of "psychic disturbance", which is a condition for the crime provided for in art. 200 of the Criminal Code – "the killing or harming of a newborn committed by the mother". Depending on the degree of impairment of discernment, the mother, a qualified author of the criminal act, may or may not be held criminally liable. If the state of psychic disturbance is established, the mother will be held accountable for infanticide. The criminal act will not be imputable to the author if the state of disturbance is such that it entails irresponsibility.