Murder of a child in labor or by a woman giving birth in the context of the new Criminal Code of the Republic of Armenia

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Abstract

The new Criminal Code of the Republic of Armenia, when regulating criminal liability for the murder of a newborn child by a mother, establishes a qualitatively different approach that best meets the adequate criminal law regulation of this type of privileged murder. In particular, the issue concerning the subject of this crime, which had previously been inconsistent in theory and law enforcement practice, was resolved, as a result of which the term “mother” was replaced by the terms “woman in labor” and “birthing woman”. The objective side of the crime, previously presented in an unnecessarily alternative way, has been tightened. Conclusions. The authors raise the question of the validity of the existence of the investigated corpus delicti among the privileged and propose a possible change in the form of excluding the murder of a child in labor or childbirth in a traumatic situation from the privileged composition.

About the authors

Sergic S. Avetisyan

Russian-Armenian (Slavic) University; Court of Cassation of the Republic of Armenia

Author for correspondence.
Email: avetisyanserj@mail.ru
ORCID iD: 0009-0004-2294-5299

Dr. Sci. (Law), Professor, Honored Lower of Republic of Armenia, Professor, Department of Criminal Law and Criminal Procedure Law, Institute of Law, judge of the Criminal Chamber, Chairman Armenian Representative Office, International Public Organization “Union of Criminologists and Criminologists”

Armenia, Yerevan; Yerevan

Adelina A. Sargsyan

Russian-Armenian (Slavic) University

Email: adelina-sargsyan@mail.ru
ORCID iD: 0000-0002-2874-9676
SPIN-code: 5620-7821

Dr. Sci. (Law), Professor, Honored Lower of Republic of Armenia, Professor, Department of Criminal Law and Criminal Procedure Law, Institute of Law

Armenia, Yerevan

References

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