Pruncuciderea
Infanticide Offence

Summary/Abstract: In this paper we propose to analyze the felony known as infanticide. We start by presenting the importance of the right to live and the international treaties which ensure its protection, then we determine which are the initial and the final moments of life and present a brief history and the legal definition of infanticide in Romania. We continue by presenting the judicial and the material object of the felony, as well as the active and passive subjects. It can be committed only by the infant’s mother and only against her own newborn baby. If other people participate in the crime they will be held responsible for murder. We then analyze the material element and the result, as well as the causality link between them. It is necessary to establish that the mother’s actions or inactions led to the death of the infant; if death does not occur or it is determined by other events, the mother is not liable. We continue with the analysis of the subjective aspect of infanticide, which can consist of direct or indirect intent. The mother is in a state of mental disturbance caused by the birth process, and therefore her judgment is impaired. Then we present aspects regarding the felony’s attempt, sanction, as well as procedural matters, and conclude by analyzing the changes to infanticide brought by the new Criminal Code.

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