Place where neonaticide was committed as a feature of the objective side of the crime
- Authors: Abdulvaliev A.F.1, Morozov V.I.1, Losev S.G.1
-
Affiliations:
- Tyumen State University
- Issue: Vol 27, No 4 (2023)
- Pages: 984-1006
- Section: CRIMINAL LAW AND CRIMINOLOGY
- URL: https://journals.rudn.ru/law/article/view/36899
- DOI: https://doi.org/10.22363/2313-2337-2023-27-4-984-1006
- EDN: https://elibrary.ru/JVMOOC
Cite item
Full Text
Abstract
Is devoted to the study of the place of the murder by the mother of a newborn child as a feature of the objective side of the crime. The paper provides a detailed analysis of the crime scene from the legal, criminological and geographical points of view. Consider separately the place of birth of the child, the place of the murder of the newborn, the places of burial and the discovery of the body of the neonate. Text analysis of court decisions in criminal cases incriminated under Article 106 of the Criminal Code of the Russian Federation is used as the main method of scientific research. Statistical and geographical methods contribute to study the data on crimes under Article 106 of the Criminal Code, as well as comparative-legal method is used in the study of the act from a criminal law point of view. Conclude that most frequent cases of newborns murder are committed by mothers in regions of Russia with high population density - most often in Central Russia, the North Caucasus, the Volga region, the Kama region and Southern Siberia. In almost half of the cases, this crime is committed in rural settlements. The research shows certain consistency between the high number of committed crimes related to the murder of a newborn child by a mother, the level of income of the population and the level of socio-economic development of the regions. Most often, the place of committing the above acts is a dwelling (house, apartment and bathrooms in them), about 1/4 of the crimes are committed in the yard and/or outbuildings located in it. The authors distinguish separately the places where the bodies of murdered neonates are found, since the place of the crime and the place where the corpse of an infant is found differ due to the desire of recently delivered women to conceal the fact of murdering. Apart from the house, the most common places a newborn corpse is found are garbage dumps, containers and garbage cans, as well as pit latrines and abandoned places in the street.
Keywords
About the authors
Almaz F. Abdulvaliev
Tyumen State University
Author for correspondence.
Email: a.f.abdulvaliev@utmn.ru
ORCID iD: 0000-0002-0390-393X
SPIN-code: 1041-6560
ResearcherId: Q-6544-2018
Candidate of Legal Sciences, Associate Professor of the Department of Criminal Law Subjects, Institute of State and Law
38 Lenina str., Tyumen, 625000, Russian FederationViktor I. Morozov
Tyumen State University
Email: v.i.morozov@utmn.ru
ORCID iD: 0000-0002-0627-4083
SPIN-code: 4961-8730
ResearcherId: ABC-9564-2021
Candidate of Legal Sciences, Associate Professor, Honored Lawyer of the Russian Federation, Head of the Department of Criminal Law Subjects, Institute of State and Law
38 Lenina str., Tyumen, 625000, Russian FederationSergey G. Losev
Tyumen State University
Email: s.g.losev@utmn.ru
ORCID iD: 0000-0003-4706-475X
SPIN-code: 7826-7359
ResearcherId: HLG-1628-2023
Candidate of Legal Sciences, Associate Professor of the Department of Criminal Law Subjects, Institute of State and Law
38 Lenina str., Tyumen, 625000, Russian FederationReferences
- Abdulvaliev, A., Morozov, V. & Pavlenko, O. (2020) Problems of preventing crimes related to the killing by a mother of her newborn child in Russia: geographical and criminological analysis. Journal of complementary medicine research. 11(2), 75-85.
- Antonyan, Yu.M., Goncharova, M.V. & Kurguzkina, E.B. (2018) Murder of a newborn child by a mother: criminal law and criminological problems. Lex Russica. 3(136), 94-114. https://doi.org/10.17803/1729-5920.2018.136.3.094-114 (in Russian).
- Bagmet, A.M. & Skobelin, S.Yu. (2015) Criminal law protection of motherhood and childhood. Juridical world. (3), 49-53. (in Russian).
- Klier, C.M., Amon, S., Putkonen, H., Arias, P.F. & Weizmann-Henelius, G. (2019) Repeated neonaticide: differences and similarities to single neonaticide events. Archives of women's mental health. (22), 159-164. https://doi.org/10.1007/s00737-018-0850-1
- Dyadyun, K.V. (2020) To the question of the subject of the crime under Art. 106 of the Criminal Code of the Russian Federation. Russian investigator. (23), 37-40. (in Russian).
- Friedman, S.H., Horwitz, S.M., & Resnick, P.J. (2005) Child murder by mothers: a critical analysis of the current state of knowledge and a research agenda. The American Journal of Psychiatry. (162), 1578-1587. https://doi.org/10.1176/appi.ajp.162.9.1578
- Friedman, Cavney J., & Resnick, P.J. (2012) Mothers who kill: evolutionary underpinnings and infanticide law. Behavioral Sciences & the Law. 30(5), 585-597. https://doi.org/10.1002/bsl.2034
- Galkin, D.V. (2014) Criminal legal protection of the life of a newborn child. Russian investigator. (19), 28-31. (in Russian).
- Gheorghe, A., Banner, J., Stolborg, U. & Lynnerup, N. (2011) Abandonment of newborn infants: a Danish forensic medical survey 1997-2008. Forensic Science, Medicine, and Pathology. (7), 317-321.
- Kapinus, O.S. & Dodonov, V.N. (2008) Murder of a newborn child by a mother in modern criminal law: domestic and foreign experience. In: Kapinus, O.S. Modern criminal law in Russia and abroad: some problems of responsibility: Collection of articles. Moscow, Bukvoved Publ. pp. 231-242. (in Russian).
- Khatuev, V.B. (2019) The evolution of the Russian criminal legislation on the murder of a newborn child by a mother. Lex Russica. 1(146), 83-95. (in Russian).
- Komarov, I. M. & Parubov, A. I. (2021a) Features of individual investigative actions and interaction between the investigator and the body of inquiry to identify the mother of the discovered corpse of a newborn child (Part 1). Yurist-Pravoved. 2(97), 131-135. (in Russian).
- Komarov, I.M. & Parubov, A.I. (2021b) Features of individual investigative actions and interaction between the investigator and the body of inquiry to identify the mother of the discovered corpse of a newborn child (Part 2). Yurist-Pravoved. 3(98), 174-180. (in Russian).
- Makhmudova, M.A. (2007) Problems of murders by mothers of newborn children: a regional aspect. Issues of juvenile justice. (1), 17-20. (in Russian).
- Muslimova, E.G. (2008) The features of proof in cases of murder by a mother of a newborn child. Russian judge. (3), 39-41. (in Russian).
- Pchelkina, E.V. & Malysheva, E.V. (2019) Criminological portrait of the personality of a mother convicted of murdering her newborn child in Russia. Russian investigator. (12), 63-66. (in Russian).
- Pimakova, O.G. & Kolesova, A.S. (2019) Murder of a newborn child by a mother: criminal and legal aspects. Russian investigator. (12), 51-55. (in Russian).
- Piontkovsky, A. A. (1938) Criminal law. Special part. Crimes against the person. Moscow, NKYu USSR. (in Russian).
- Popov, A.N. (2001) Crimes against the person under extenuating circumstances. Saint Petersburg, Legal Center Press Publ. (in Russian).
- Popov, A.N. (2021) Criminal-legal characteristics of the crime under Art. 106 of the Criminal Code of the Russian Federation “Murder of a newborn child by a mother”. Saint Petersburg, Saint Petersburg Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation. (in Russian).
- Shelton, J.L., Corey, T., Donaldson, W.H. & Dennison, E.H. (2011) Neonaticide: A Comprehensive Review of Investigative and Pathologic Aspects of 55 Cases. J Fam. (26), 263-276. https://doi.org/10.1007/s10896-011-9362-8
- Vereshchagina, A.V. (2016) The crime scene (Article 158, Part 3, Para. “A” of the Criminal Code of the Russian Federation): Certain aspects of criminological and criminal characteristics. Criminal Law. (5), 109-112. (in Russian).