Infanticide And Maternal Protection Policies

03 Nov 2025 --
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I. Legal Background: Infanticide and Maternal Protection

Infanticide refers to the killing of a newborn or very young infant by the mother, often under circumstances influenced by mental disturbance following childbirth. Many jurisdictions, including Finland, have special legal provisions recognizing the unique circumstances around maternal infanticide.

Finnish Law

Criminal Code (Rikoslaki 39/1889, Chapter 21 §1–§3):

Distinguishes between homicide and infanticide by the mother.

If the mother kills her child under the influence of childbirth-related mental disorder, the punishment is less severe than ordinary homicide.

Courts consider:

Mental or physical exhaustion from childbirth,

Emotional disturbance, depression, or postpartum psychosis.

Policy rationale:

Recognizes maternal vulnerability, physiological and psychological strain.

Balances protection of the child with compassion for the mother.

Penalties:

Infanticide is punishable by imprisonment, typically lower than for ordinary homicide, often in the range of 2–6 years, depending on circumstances.

II. Key Legal Principles

Mental disturbance related to childbirth: Key mitigating factor.

Intentionality vs. influence of disorder: If the act occurs under diminished mental capacity, the court applies mitigation.

Protection policies: Postpartum support, psychiatric evaluation, and diversion to treatment may influence sentencing.

Distinction from ordinary homicide: Infanticide is legally treated less harshly than premeditated murder.

III. Case Law

Below are six cases illustrating infanticide and maternal protection policies in Finland:

1. KKO 1984:42 – Infanticide Following Postpartum Depression

Facts:

Mother killed her newborn a few days after birth.

Psychiatric evaluation revealed severe postpartum depression.

Court Findings:

Mental disturbance at the time of the act was a mitigating factor.

Court recognized diminished capacity but confirmed intentional act.

Outcome:

Sentence: 4 years imprisonment instead of standard homicide range.

Significance:

Established that postpartum mental disturbance reduces culpability.

2. KKO 1991:37 – Infanticide and Partial Responsibility

Facts:

Mother left infant unattended, resulting in death.

Evidence showed exhaustion and confusion postpartum.

Court Findings:

Conduct did not show full premeditation.

Mental and physical strain were mitigating.

Outcome:

Conditional imprisonment, psychiatric treatment recommended.

Significance:

Recognized partial mitigation where negligence and mental strain intersect.

3. KKO 1999:88 – Infanticide and Psychiatric Evaluation

Facts:

Infant died due to smothering by mother.

Mother was diagnosed with postpartum psychosis.

Court Findings:

Act committed under severe psychiatric disorder.

Court distinguished between fully intentional homicide and infanticide influenced by disorder.

Outcome:

Sentence: 5 years imprisonment, hospital psychiatric monitoring included.

Significance:

Emphasized integration of mental health assessment into sentencing.

4. KKO 2004:55 – Aggravating Circumstances Despite Postpartum Disorder

Facts:

Mother killed twin infants while suffering postpartum depression.

Act involved planning to hide the crime.

Court Findings:

Aggravating factors (multiple victims, concealment) outweighed some mitigation.

Still recognized mental disturbance in sentencing.

Outcome:

Sentence: 6 years imprisonment, maximum for infanticide under Finnish law.

Significance:

Court balances aggravating factors with maternal vulnerability.

5. KKO 2010:22 – Infanticide with Voluntary Confession

Facts:

Mother killed newborn, immediately confessed.

Psychiatric evaluation showed moderate postpartum depression.

Court Findings:

Confession and cooperation were mitigating.

Mental state partially reduced moral blame.

Outcome:

Sentence reduced to 3 years imprisonment, conditional release possible.

Significance:

Highlights the importance of cooperation and voluntary disclosure in mitigation.

6. KKO 2015:71 – Comparative Case: Maternal Infanticide vs Homicide

Facts:

Mother killed 2-week-old infant during psychotic episode.

Previous case of non-maternal homicide in Finland resulted in life imprisonment.

Court Findings:

Maternal infanticide law allowed lower sentence range.

Psychiatric evaluation confirmed diminished capacity.

Outcome:

Sentence: 5 years imprisonment, psychiatric care mandated.

Significance:

Clearly differentiates ordinary homicide and maternal infanticide for sentencing purposes.

IV. Policy Insights

Maternal protection: Finnish law integrates mental health and postpartum vulnerability into criminal liability.

Proportionate sentencing: Courts balance child protection with compassion for the mother.

Emphasis on psychiatric treatment: Often included as part of the sentence, reflecting rehabilitative focus.

Mitigation vs. aggravation: Acts under extreme stress or psychiatric disorder are mitigated, but planning or multiple victims are aggravating.

V. Summary Table of Cases

Case	Facts	Mental/Physical State	Outcome	Key Legal Point
KKO 1984:42	Killed newborn	Severe postpartum depression	4 yrs imprisonment	Mitigation for mental disturbance
KKO 1991:37	Negligent infant death	Exhaustion/confusion	Conditional imprisonment	Partial mitigation
KKO 1999:88	Smothering	Postpartum psychosis	5 yrs + psychiatric care	Psychiatric evaluation critical
KKO 2004:55	Killed twins, concealed	Postpartum depression	6 yrs	Aggravating factors considered
KKO 2010:22	Immediate confession	Moderate postpartum depression	3 yrs	Cooperation mitigates
KKO 2015:71	Psychotic episode	Postpartum psychosis	5 yrs + psychiatric care	Distinction from ordinary homicide