Infanticide according to Article 291 of the Penal Code is a special form of murder that specifically addresses the situation in which a mother kills her child. This occurs under the influence of a state of mind arising from fear of the discovery of her impending delivery. The essence of this article is that the act is committed following a plan developed prior to childbirth, with the mother fearing the consequences of her pregnancy and childbirth. This makes infanticide a specific form of murder, where the premeditation is colored by the emotional and psychological state of the mother.
An example of infanticide may be the following situation. A woman, afraid of the discovery of her pregnancy and its consequences, decides just before her delivery to kill her child. She has developed a plan to prevent the birth by performing a fatal act as soon as the child is born. After giving birth, she carries out her plan and kills her newborn baby. This act falls under infanticide under Article 291 Sr because the premeditation is specifically focused on the fear of discovery and planning prior to delivery. The mother's emotional state plays a crucial role in assessing this crime.
Infanticide is not the same as child manslaughter. Infanticide (Article 291 Sr) refers to a premeditated act committed by a mother who fears the discovery of her childbirth, the act being planned prior to the birth. Child manslaughter (Article 290 Sr) is committed under the influence of a special state of mind such as panic or emotional pressure, without the need for prior planning or fear of discovery.
What is infanticide?
Unlike ordinary murder, where premeditation is a general feature, Article 291 requires that this premeditation be specifically directed at the situation of childbirth and the fear of discovery. Thus, the planning must take place before the child is born, and the act must be committed based on the fear of discovery. This specific context makes infanticide fall under Article 291 and not under the general provisions of murder or infanticide.
The penalty for infanticide under Article 291 may include imprisonment for up to nine years and/or a fifth category fine. In determining the sentence, the special circumstances under which the crime was committed are taken into account, such as the emotional state of the mother. This may affect the final sentence and may even lead to a reduction in sentence if the circumstances warrant it.
Pre-trial detention may be applied in cases of suspected infanticide, as this crime falls under the category of crimes for which a prison term of four years or more may be imposed. At trial, the specific circumstances of the delivery and the mother's fears are considered crucial elements in assessing guilt and sentencing.
The judicial process requires the prosecution to tailor the indictment to Article 291, reflecting maternity and the mother's motives in the charge. However, this case can also be framed as infanticide if that is deemed more appropriate, although infanticide is specific and privileged in Article 291.
The punishment for participating in this crime differs, as participants do not benefit from the sentence reduction ground applicable to the mother. The qualification and treatment of the case focus on the special circumstances and premeditation specific to this type of murder.
What does the article of law say regarding infanticide?
The law article criminalizing infanticide, Article 291 Penal Code, reads as follows:
"The mother who, in fulfillment of a decision made under the operation of fear of discovery of her impending delivery, intentionally deprives her child of life at or shortly after birth, shall be punished, as guilty of infanticide, by imprisonment for not more than nine years or a fine of the fifth 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 be used in infanticide?
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 will ensure that these circumstances are properly presented to the judge. The maximum prison sentence that can be imposed for infanticide is a term of imprisonment not exceeding nine years and/or a fifth category fine.
A lawyer from Kötter, L'Homme & Plasman Attorneys at Law can play an important role in a case of suspected child murder. 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 suspect has confessed to a criminal offense. In that case, a lawyer from Kötter, L'Homme & Plasman Advocaten may present circumstances why a low(er) sentence should follow.
Is an attempt to infanticide punishable?
Attempting this crime is punishable by law.
Exoneration for infanticide?
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 murder?
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 murder. Our attorneys will discuss the criminal case file with you and work with you to determine a strategy that will achieve your desired success. 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 have 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 child manslaughter, or about murder and manslaughter.
