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Mihai DUNEA: Considerations regarding some juridical and forensic particularities of the offence of infanticide in the Romanian Criminal Code of 1968

Abstract: The Romanian Criminal Code of 1968 (in force since 1 January 1969), criminalizes, in art. 177, a particular form of infanticide, incident in strictly regulated conditions, which provides a less severe sanction regime than the one prescribed for murder, in it's base or aggravated form. The murder of a child can fall into this more permissive law text only if  the perpetrator is the mother of that child, who commits the offense a short time after the birth (the child must be, therefore, newborn), while being mentally disturbed as a result of the act of birth (therefore having a diminished, but existent, discerning ability), circumstances under which sparks the spontaneous  intent to suppress the life of her child. This article examines the legal and - partially - forensic peculiarities characterizing this criminalization, wishing to be a melting pot for the focus and critical presentation of the views expressed on this subject in the Romanian academic literature. The author treats, among others: the reason of the mitigating attitude of the legislature; the controversial legal nature (independent or dependent) of the criminalization of art. 177 of the Penal Code, in relation with the text which criminalizes murder; the relationship between art. 177 and some general criminal law institutions (especially the criminal participation) and the effect produced on those by adopting one or the other of the opinions regarding the correct legal nature of this criminalization etc.        

Keywords: infanticide; legal nature of the criminalization; criminal participation; reason for mitigation; forensic peculiarities.


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