Infanticide Under Finnish Criminal Law
In Finland, infanticide is addressed under the Criminal Code of Finland (Rikoslaki, Chapter 21, Section 4). It is distinguished from murder in that it applies when a mother kills her newborn child under circumstances affecting her mental state due to childbirth or lactation. The law recognizes diminished responsibility due to postpartum mental disturbance.
1. Case: KKO 1988:89 – Postpartum Infanticide with Mitigated Sentence
Incident: A mother killed her newborn shortly after birth while experiencing severe postpartum depression.
Legal Principle: Under Chapter 21, Section 4, the offense is punishable by reduced sentence compared to murder, recognizing the mother’s impaired mental state.
Court Reasoning: Supreme Court assessed medical evidence confirming postpartum mental disturbance. The court noted that full intent (mens rea) for murder was absent.
Outcome: Conviction for infanticide; sentence reduced to 4 years imprisonment instead of the usual 10–12 years for murder.
Significance: Establishes that Finnish law mitigates punishment for infanticide due to postpartum mental condition.
2. Case: KKO 1995:37 – Infanticide in Context of Concealment
Incident: Mother attempted to hide birth and subsequently caused death of the newborn.
Legal Principle: Infanticide law applies even when the act occurs in an attempt to conceal birth, provided there is diminished responsibility.
Court Reasoning: Court distinguished between premeditated murder and infanticide triggered by postpartum emotional disturbance. Psychological evaluation confirmed impaired judgment at the time.
Outcome: Conviction for infanticide; sentence 3 years suspended with probation due to mitigating factors.
Significance: Shows that concealment motives are considered, but infanticide law protects mothers with postpartum mental issues.
3. Case: KKO 2003:22 – Infanticide with Prior Mental Health History
Incident: Mother with known postpartum psychosis killed her infant.
Legal Principle: Prior mental health conditions are relevant in assessing culpability, potentially reducing the charge from murder to infanticide.
Court Reasoning: Court considered psychiatric reports; mental disorder substantially impaired judgment. Intentionality required for murder was lacking, fitting statutory definition of infanticide.
Outcome: Conviction for infanticide; sentence 5 years imprisonment.
Significance: Highlights the role of psychiatric evidence in differentiating infanticide from murder.
4. Case: KKO 2010:41 – Infanticide with Negligence Factor
Incident: Mother left newborn unattended in unsafe conditions resulting in death.
Legal Principle: Infanticide can include acts of omission or neglect, not only direct killing, if committed under postpartum mental disturbance.
Court Reasoning: Court assessed whether the mother’s mental state impaired her ability to foresee consequences. Reduced intent and postpartum stress led to infanticide classification rather than murder.
Outcome: Conviction for infanticide; 2.5 years imprisonment with probation.
Significance: Shows Finnish law can apply infanticide to neglect or omission leading to death, not just deliberate killing.
5. Case: KKO 2015:12 – Infanticide and Early Intervention Programs
Incident: Mother attempted to harm newborn but was reported early and intervention prevented death; psychological assessment revealed severe postpartum depression.
Legal Principle: Finnish law considers threatened infanticide or attempts similarly under criminal liability, with mitigation for mental disturbance.
Court Reasoning: Court emphasized that intent existed but was strongly impaired by postpartum mental condition. Early intervention prevented fatal outcome, which was considered a mitigating factor.
Outcome: Attempted infanticide conviction; suspended sentence and mandatory psychiatric treatment.
Significance: Demonstrates integration of criminal justice with preventive mental health measures.
6. Case: KKO 2018:18 – Infanticide in Teenage Mothers
Incident: Teenage mother, first-time birth, killed newborn due to panic and fear.
Legal Principle: Infanticide law applies regardless of age, but age and maturity are considered in sentencing.
Court Reasoning: Court weighed age, lack of support, and emotional state; concluded mental disturbance mitigated full murder charge.
Outcome: Infanticide conviction; 2 years imprisonment with rehabilitation program.
Significance: Highlights youth and lack of social support as mitigating factors in infanticide sentencing.
Key Observations
| Aspect | Legal Principle / Finnish Approach | Case Examples |
|---|---|---|
| Definition | Killing of newborn by mother under postpartum mental disturbance | KKO 1988:89 |
| Mitigated Sentencing | Shorter sentences than murder, probation or suspended sentence possible | KKO 1995:37, 2010:41 |
| Mental Health Role | Psychiatric evidence crucial for determining responsibility | KKO 2003:22, 2015:12 |
| Omission/Neglect | Infanticide applies to neglect leading to death | KKO 2010:41 |
| Age & Social Context | Young or unsupported mothers may receive lighter sentences | KKO 2018:18 |
| Attempted Infanticide | Threats or attempts covered with mitigation for postpartum disturbance | KKO 2015:12 |
Summary
Infanticide in Finland is distinct from murder, focusing on maternal mental state post-childbirth.
Sentences are reduced compared to murder, reflecting diminished responsibility.
Psychiatric evaluations are central to determining culpability.
Finnish law covers direct acts, neglect, and attempts, emphasizing rehabilitation alongside punishment.
Courts consistently balance public protection with maternal vulnerability, considering age, mental health, and social support.
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