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Murder of a newborn child by a mother – free answers from lawyers online
Quite often, people in a state of passion are capable of causing harm to others and commit irreparable acts. One of the most complex rules of modern criminal law is liability for the murder of a newborn child by a mother . This crime is serious, and when studying it in detail, it is necessary to take into account a huge number of factors that directly or indirectly could play a role in this tragedy.
Characteristics and legislative regulation
Murder is understood as the intentional or accidental taking of a person’s life for the purpose of revenge or material gain.
However, there is such a type of murder as taking the life of a young child .
The murder of a young child is considered a particularly serious crime .
It is regulated by Part 2 of Article 105 of the Criminal Code of the Russian Federation. In accordance with it, the culprit through whose actions a child or teenager died must be brought to criminal responsibility.
The conditions for serving the sentence are determined by the court, based on legislative regulation, as well as mitigating and aggravating circumstances.
The second part of this article implies a more severe punishment than the first. The murder of a child is equivalent to the deprivation of life of a citizen in a helpless state.
He cannot take action to counter the blows or other methods used to take the life of a minor.
When carrying out actions aimed at qualifying a crime, investigators often encounter a number of difficulties.
However, one thing is clear: a person who, due to mental and physical difficulties, cannot resist and is considered helpless . Minors are considered to be persons under 14 years of age.
If a person is over 14 years old, then the person responsible for his death faces Article 105 of the Criminal Code of the Russian Federation, that is, premeditated murder .
The age chosen for the threshold for prosecution is set at 14 years . The term for it reaches 15 years in prison.
The legislation determines that at this age a person is already aware of his actions.
Assassination
What is attempted murder anyway? What the criminal does (does not do) with the aim of depriving a person/people of life, but cannot complete the crime because something interfered.
This explanation is contained in the third part of Article 30 of the Criminal Code. The age of the offender is not specified. Consequently, attempted murder by a minor will be considered through the prism of several articles at once.
First, the court will have to qualify the attempt under any of the “murderous” articles. Then, accept as truth that the failed minor murderer did not abandon the attempt on his own, but under the influence of some circumstances.
Finally, Article 66 of the Criminal Code will be applied. She points out: it is necessary to take the maximum sentence for the charged article and leave three quarters of it. How long a teenager can atone for his guilt will be discussed below.
Concept of killing a newborn
Many mothers experience emotional stress , which is associated with an unsuccessful birth or difficult financial situation.
Someone gets caught up in the emotional sphere, and they decide to get rid of the child in any case, because they are in despair or under emotional distress.
The taking of the life of a newborn child by his mother is murder, which is defined in Article 106 of the Criminal Code of the Russian Federation. In pre-revolutionary times, such crimes existed and they were classified as a separate crime , with existing mitigating circumstances.
It was believed that this phenomenon was due to the fact that infanticide could only occur in the intense excitement of the mother, who experienced excruciating pain during childbirth.
It involves a prison term, but significantly less than for other types of acts.
This is explained by the fact that pregnancy is a complex hormonal process, and childbirth is a difficult physical activity.
A woman may not fully assess the situation, so she makes a mistake and kills her newborn baby.
It is for this reason that, in accordance with Article 106 of the Criminal Code of the Russian Federation, the punishment for women who have committed a terrible crime is reduced by many years less than if qualified as premeditated murder.
When determining punishment, both the action aimed at killing the child and inaction, that is, leaving the child in the cold or refusing to feed, are taken into account.
Actions involving refusal to perform maternal responsibilities lead to the death of the newborn person.
Murder of a newborn child by a mother - qualifications and types:
What article is provided for killing a person with particular cruelty? Find out about this from our article.
Description of children's property for the debts of their parents - son for father
- Parents and children are registered in the same apartment (parental apartment). And there is a high possibility that the children’s property will be included in the inventory. But bailiffs do not have the right to seize personal belongings, memorable gifts and awards.
- The child enters into the parental inheritance. In this case, the debts of the testator are transferred to the heir.
- Parents and children have joint property.
- Children act as guarantors for their parents.
In order not to have to “fight” with the FSSP and not have to think about how to remove the seizure from a car imposed by a bailiff, children of debtors need to make sure that the parent has no debts before inheriting. Lawyers suggest the next way out of the situation if debts are discovered - refusal of inheritance. Especially if it is not of particular financial value. In this case, the law is powerless - the children did not become heirs. This means that no debts of the testator are transferred to them.
Problems in qualifying infanticide
There are certain problems in the classification of infanticide and taking the life of a child during childbirth and immediately after this process.
The complexity of sentencing is always associated with evaluative concepts and provisions in the crime.
In the legal literature there is no single interpretation of Article 106 of the Criminal Code of the Russian Federation. The legislator included the murder of a newborn child as a separate article .
Thus, the law protects the child's right to life since he is in a helpless state.
There are several nuances that create problems in qualification:
- timing of the murder;
- the concept of a newborn, which comes down to the first month of a baby’s life;
- fact of preliminary preparation for cold-blooded murder.
You will find examples from judicial practice on contract killings on our website.
Description of children's property for the debts of their parents - son for father
In case of inheritance, the heir receives parental debts along with the inheritance. If there are several of them, then they answer jointly in the proportion of the share received. Here the law will provide some assistance to the heirs:
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Differences in Responsibility
The murder of a teenager is defined by part two of Article 105 of the Criminal Code of the Russian Federation.
It states that such crimes are considered especially serious.
For committing the murder of a teenager, the perpetrator receives a sentence of 12 years .
The maximum penalty is life imprisonment. The murder of children is punished more severely than other types of crime, since it has aggravating circumstances.
The murder of a newborn child, which is committed by the mother, provides for a lesser punishment for such an act. The maximum sentence for the mother is four years in prison .
Such norms for choosing a prison regime are associated with the emotional state of a woman who has given birth to a child.
The differences between the two types of crime are as follows:
- There are no differences in the object of the crime, but the subject of the attack is the life of a person, if we are talking about a minor, and the life of a newborn in the case of murder in the first month of his life.
- The subject of the crime committed is either the mother of the murdered child, who is already 16 years old, or a person who has reached fourteen years old, in case of murder under Article 105 of the Criminal Code of the Russian Federation.
A mother buried her newborn child alive - a case from judicial practice:
What kind of murder is committed when the limits of necessary defense are exceeded? Find out what the experts think.
Eviction from an apartment with a minor child for debts
It is generally extremely difficult to evict someone from your own apartment for debt. Having small children makes this almost impossible. Management companies only have the opportunity to limit debtors in providing them with certain utilities (electricity, telephone, gas). Limiting water drainage (sewage) and heat supply is prohibited in any case, as this creates the risk of serious accidents.
When living in any apartment (own, municipal, departmental), a person is obliged to promptly pay for all utilities provided to him. If regular payment is not observed, then, firstly, this creates the preconditions for the formation and further accumulation of debt, and, secondly, there is a danger that the debtor will simply be evicted from the housing he occupies.
Responsibility and terms under the Criminal Code of the Russian Federation
How much do they pay for killing a child?
The terms, as well as responsibility, depend on the nature of the crime against a minor who was committed.
If the crime was committed against a young child or teenager, then the court may pass the following sentence:
- imprisonment for a term of 12 years to life imprisonment;
- for the murder of a newborn by a mother, the sentences were reduced to 4 years in prison.
If the children are adults and there is arrears in child support, can they imprison Belarus?
- Entering false information about your own income or yourself when filling out a form from a bailiff.
- Continued evasion of payments even after notification of liability.
- If there are facts indicating a person’s guilt, the bailiffs undertake to apply administrative punishment against him. Can they be immediately sent to prison for failure to pay alimony in 2022? According to the Code of Administrative Offenses of the Russian Federation, the following types of administrative sanctions may initially be applied to the violator:
- public Works;
- administrative punishment in the form of arrest for up to 15 days;
- a fine of 20 thousand.
KBS amount of alimony collected from parents for minor children (for one child - 25 percent, for two children - 33 percent, for three or more children - 50 percent of the parents’ earnings and (or) other income per month), as well as the minimum amount of alimony provided for able-bodied parents (when collecting alimony for one child - 50 percent of the budget of the subsistence minimum per capita on average (BPM), for two children - 75 percent of the BPM, for three or more children - 100 percent of the BPM). Therefore, the monthly debt amount cannot be lower than the minimum amount. The calculation takes into account the cost of living budget in effect at the time the alimony debt is accrued.
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Can children be seized for housing and communal services debts?
In mid-January 2022, the Vechernyaya Kazan newspaper reported that in the Zelenodolsk region of Tatarstan, children were being removed from families with debts to pay for electricity and gas. In December 2022, the Head of the Zelenodolsk District gave a written instruction to identify defaulters, and then, with the involvement of guardianship authorities, to remove minor children from these families. At the same time, it turned out that words do not at all diverge from deeds - in the region in 2022, 11 children were temporarily removed from the families of defaulters and placed in an orphanage.
A family that has accumulated debts often needs comprehensive help; it happens that there are other serious problems (unemployment, illness of one of the family members, problems with alcohol or drugs, lack of social competencies, which is often found, for example, in families of orphanage graduates , who, in turn, were once removed from their families). So, to put it mildly, removing children is not a method; the method is to help a large family, but this is not easy, and the state has not yet succeeded.
If the children are adults and there is arrears in child support, can they imprison Belarus?
- Entering false information about your own income or yourself when filling out a form from a bailiff.
- Continued evasion of payments even after notification of liability.
- If there are facts indicating a person’s guilt, the bailiffs undertake to apply administrative punishment against him. Can they be immediately sent to prison for failure to pay alimony in 2022? According to the Code of Administrative Offenses of the Russian Federation, the following types of administrative sanctions may initially be applied to the violator:
- public Works;
- administrative punishment in the form of arrest for up to 15 days;
- a fine of 20 thousand.
- Imprisonment for non-payment of alimony is the most severe measure. It differs from arrest in its duration - it can last up to one year and is served by the convicted person in a correctional institution at the place of his residence (conviction) on the territory of a constituent entity of the Russian Federation (Art.
