Child manslaughter under Article 290 of the Penal Code is a specific form of manslaughter that refers to the situation where a mother kills her child, but without the premeditation required in murder. This crime occurs when the act was committed in a state of mind of panic or stress, not necessarily planned in advance, as is the case with infanticide. Article 290 emphasizes the circumstances surrounding the delivery and the mother's immediate state of mind, focusing on the loss of control and the influence of her emotional state. As a result, infanticide is considered less serious than murder, although it is still a serious criminal act.
An example of infanticide is a situation where a mother, who has just given birth, kills her newborn baby under the influence of intense fear of discovery of her delivery. The mother had wanted to keep the delivery hidden and was panicked, which led her to this act. Despite the fact that her actions were intentional, infanticide is considered less serious than ordinary manslaughter due to the particular circumstances and her state of mind. Punishment can be up to six years in prison and/or a fine, taking into account the specific circumstances of the case.
What is child manslaughter?
Child manslaughter, as defined in Article 290 of the Penal Code, is a privileged form of manslaughter specifically applied when a mother kills her child under the influence of a special state of mind. This form of manslaughter is considered less punishable than ordinary manslaughter because of the emotional and psychological circumstances under which the crime occurred, such as the fear of discovery of childbirth. The planning of the act need not be developed prior to childbirth, and the act may occur at or shortly after birth, under the influence of panic or other psychological pressure.
The penalty for child manslaughter under Article 290 may include imprisonment for up to six years and/or a fine of the fourth category. The special state of mind of the mother is taken into account when determining the punishment, which may result in a reduction of the sentence. For pre-trial detention, it may be applied because the offense may carry a sentence of imprisonment of four years or more.
In court proceedings, the charges are focused on Article 290, taking into account the mother's maternity and motives. A different sentencing rule applies to participants in the crime, as they do not benefit from the penalty reduction ground applicable to the mother and fall under the provisions of habitual manslaughter.
What does the article of law say regarding child manslaughter?
The law article criminalizing child manslaughter, Article 290 of the Penal Code, reads as follows:
‘The mother who, under the effect of fear of the discovery of her delivery, intentionally deprives her child of life at or shortly after birth, shall be punished, as guilty of infanticide, by imprisonment not exceeding six years or a fine of the fourth category.
Lawyer shaken baby syndrome?
In the context of infanticide, it is shaken baby syndrome a well-known phenomenon. Shaken baby syndrome refers to serious injuries in a baby caused by violent shaking. These injuries occur because the baby's brain is damaged by the sudden and forceful violence of movement, leading to bleeding and swelling in the brain. This syndrome comes up in criminal law because the injuries are often attributed to mistreatment or abuse by a caregiver. It is a criminal offense because intentionally causing serious injuries to a child under violent circumstances is considered a serious criminal offense, with serious legal consequences for the defendant.
Our lawyers have experience in such cases, in which they regularly work together with medical doctors in order to provide the best possible defense.
What punishments can accompany child manslaughter?
It is up to the judge to judge whether a criminal offense has been committed. If this is found to be the case, the judge will consider all the circumstances of the case in determining what punishment is appropriate and necessary. A defendant's personal circumstances are also important. The attorneys at Kötter, L'Homme & Plasman Lawyers ensure that these circumstances are properly presented to the judge. The maximum prison sentence that can be imposed for child manslaughter is a term of imprisonment not exceeding nine years and/or a fifth category fine.
An attorney at Kötter, L'Homme & Plasman Attorneys at Law can play an important role in a suspected case of child manslaughter. For example, one of our lawyers can point out to the judge that there is too little evidence. In that case, acquittal should follow. Sometimes it happens that a defendant has confessed to a criminal offense. In that case, a lawyer from Kötter, L'Homme & Plasman Advocaten can provide circumstances why a low(er) sentence should follow.
Is an attempt to child manslaughter punishable?
Attempting this crime is punishable by law.
Exoneration for child manslaughter?
With regularity, suspects are acquitted of this crime. An example is shown below.
A court acquitted for infanticide because it could not be objectively proven that the three babies had come into the world alive. The experts could not provide an unequivocal conclusion about the babies' viability at birth. The court found the conclusion of the expert who stated that one of the babies was born alive not convincing enough. As a result, it could not be determined that the crime qualified as infanticide.
Need lawyer for child manslaughter?
The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced criminal law specialists and can assist you at the time you are suspected of child maltreatment. Our lawyers will discuss with you the criminal case file and together with you determine a strategy that can achieve the success you desire. However, it is good for you to know that our attorneys do not sugarcoat your case; we provide sound, honest and sincere advice. Should you need to appear in court, they will carefully prepare you for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will ensure that you are represented in the best possible way during the hearing.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
Read more about infanticide, or about murder and manslaughter.
