O infanticídio praticado por mulher com deficiência mental

Abstract

Infanticide is a crime committed by the victim's mother in the puerperal condition. Infanticide is a crime itself and for many doctrinaires is a privileged type of murder. In this paper was discussed whether there might be co-author or the participation of a third person, communicating to the co-author or to the participant the basic conditions of the crime - mother in puerperal condition as an active subject. The typical conduct is to kill free-form, which can be committed by omission, as do not connect umbilical cord. Certainly the infanticide crime requires that the mother is under the influence of the puerperal condition. This state can start with the decoupling and expulsion of the placenta until the mother's body back to normal coditions, but there is disagreement as its limits duration. This crime does not exempt a person who practices it with beneficial law, in the other words, the absolutes and relatives incapables, because our legislation punishes these offenders milder form, in these cases with security measures, so the person that practices a infanticide will, according to their degree of capacity and specific legislation, respond to the act performed.