Is concealment of pregnancy an argument for retaining premeditation in domestic violence in the form of maternal infanticide?

Abstract

In the case under analysis, we will focus on the elements that supported the retention of the premeditation circumstance for committing the crime of domestic violence in the form of murder in the national case-law. We believe there are important scientific arguments suggesting that concealing the state of pregnancy should not be considered an argument for retaining the premeditation. We demonstrate that the psychological phenomenon of not being aware of the state of pregnancy leads to the unintentional concealment of the pregnancy, without any intention of killing the newborn.