Autor: Mioara Ketty GUIU

Publicat în: Revista Universul Juridic nr. 1/2015 

Disponibil onlineaici.

Titlul lucrării în engleză: From infanticide to murder or injury of the newborn committed by the mother

Abstract: In this article the author presents the offense regulated in The Penal Code of Romania under the name of „The murder or injury of a newborn committed by the mother” („Infanticide”, in the previous Penal Code), also noting the fact that this is included in a group of offenses which does not exist in the previous regulation, called „Offenses committed against a member of the family”.

The structure and content of the article reveal commentaries on the problems raised by classifying the offense, by transforming the specific executional acts of an attempt into a self-standing offense (instead of incriminating the attempt) and the contradictory practice regarding the disturbed psychical state of the mother, while taking into consideration the doctrine elaborated by important names in the field of criminal law (A. Voicu, V. Dongoroz, S. Kahane, M. Dunea, I. Dobrinescu).

In closing, the author considers that it would have been imposed that the law-maker of the Penal Code of Romania should have found another justification for the diminished sentence applicable to mothers who commit such acts.

Keywords: offenses committed against a family member; murder or injury of a newborn; infanticide; attempt; psychical disturbance of the mother.