Woman who strangled her own newborn child sentenced to 1 year in prison – court took her psychological state into account
The Derhachi District Court of Kharkiv region considered a criminal case against a woman accused of committing a crime under paragraph 2 of part 2 of article 115 of the Criminal Code of Ukraine.
Circumstances of the case
According to the case materials, at an unspecified time between January 23, 2022 and January 28, 2022, the accused, while at her place of residence, being pregnant and having a minor child in her care, not registered for pregnancy monitoring and hiding the fact of her pregnancy, gave birth to a live, full-term, and viable female child without calling for qualified medical assistance. After childbirth, being in a special psychophysiological state caused by labor and accompanying mental processes related to her life circumstances, including constant family conflicts, the accused intentionally, with the aim of getting rid of the unwanted child, covered the newborn's airways with her hand, resulting in the child's death from mechanical asphyxia. To conceal the crime, the child's body was placed in a plastic bag and thrown into the cesspit of an outdoor toilet.
On January 28, 2022, the body of the newborn was discovered. Forensic medical examination confirmed that death occurred due to mechanical asphyxia by airway obstruction, which constitutes a severe bodily injury dangerous to life and leading to death. The child was born alive, full-term, and viable.
The accused did not admit guilt, explaining that the child accidentally suffocated during feeding while she was in a postpartum stress state and after suffering bodily injuries from her husband. The defense insisted on the absence of a crime and the presence of a state of extreme necessity.
Court decision
The court found the accused guilty of committing a crime under article 117 of the Criminal Code of Ukraine (intentional killing by a mother of her newborn child immediately after childbirth) and sentenced her to 1 (one) year of imprisonment.
The court requalified the accused's actions from paragraph 2 of part 2 of article 115 of the Criminal Code of Ukraine to article 117 of the Criminal Code of Ukraine, establishing that the killing was committed immediately after childbirth in a special psychophysiological state caused by labor, which weakens the ability to fully understand or control one's actions. The court took into account that such a state is presumed in every case of this crime, and the accused's life circumstances (family conflicts, domestic violence, financial difficulties) contributed to this state.
When imposing the sentence, the court was guided by the principles of justice, individualization, and proportionality, considering that the accused has two minor children in her care, one of whom has a congenital heart defect, as well as the absence of aggravating circumstances. The court credited the period of pre-trial detention and 24-hour house arrest towards the sentence.
The court canceled the property arrest applied by the rulings of the investigative judge and recovered court costs for conducting a forensic psychological examination in the amount of 37,864 hryvnias from the accused in favor of the state. Physical evidence was distributed in accordance with the requirements of the Criminal Procedure Code of Ukraine.
The verdict may be appealed to the Kharkiv Court of Appeal within thirty days from the date of its announcement. The verdict comes into legal force after the expiration of the appeal period if no appeal is filed.
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