Tiếng Việt
Table of Contents:
- Is a depressed mother who kills her newborn child committing a crime?
- Is a depressed mother who kills her newborn child subject to criminal prosecution?
1. Is a depressed mother who kills her newborn child committing a crime?
Lately, regarding mothers with depression, it is still necessary to rely on official conclusions about the person with this disease from the investigation agency and the hospital to see if they have enough elements to constitute a crime.
If there is official confirmation from the hospital about their medical condition, it can be understood that they have lost the ability to perceive and control their behavior as prescribed in Article 21 of the Penal Code 2015, amended in 2017, then this mother will not be held criminally responsible.
“Article 21. Lack of criminal capacity
A person who commits an act that is dangerous to society is suffering from a mental disease or another disease that causes him/her to lose his/her awareness or control of his/her behaviors is exempt from criminal responsibility.”
Conversely, if the mother does not suffer from depression, or suffers from depression but is still capable of awareness and control of her behavior, the mother can still be prosecuted for criminal responsibility under Article 124 of the 2015 Penal Code, amended and supplemented in 2017.
“Article 124. Murder or abandoning of a newborn child
1. A mother who kills her own newborn child under the impact of obsolete belief or in a special objective circumstance shall face a penalty of 06 – 36 months’ imprisonment.
2. A mother who, under the impact of obsolete belief or in a special and objective circumstance, abandons her own newborn child within the first 07 days shall face a penalty of up to 02 years’ community sentence or 03 – 24 months’ imprisonment if such abandonment results in the death of the child.”
2. Is it mandatory to treat a depressed mother who kills her newborn without criminal prosecution?
In the case where the mother completely loses the ability to perceive and control her behavior after suffering from depression, according to Clause 1, Article 49, Penal Code 2015, amended and supplemented in 2017, “mandatory” treatment is required for those who commit crimes with depression and are not subject to criminal prosecution.
“Article 49. Mandatory disease treatment
1. A person who commits an act dangerous to society while suffering from a disease specified in Article 21 hereof, the Procuracy or Court, according to the forensic examination conclusion or mental forensic examination, shall decide to send him/her to a specialized medical facility for mandatory treatment.”