RIBOTO PAKALTINAMUMO IR NAUJAGIMIO NUŽUDYMO SANTYKIO PROBLEMATIKA

Abstract

The concept of diminished responsibility was first introduced in Lithuania in 2000 with the enactment of the new Criminal Code. Because it was considered that diminished responsibility could be a constituent of infanticide, the problem arose of the relationship between diminished responsibility (Article 18) and infanticide (Article 131). Taking this into consideration and looking at regulation in foreign countries, the newest scientific research into infanticide and the most relevant case law, the relationship between these areas is revealed. At the same time, the necessity of article 131 is questioned and the cases of applicability of article 18 and article 131 are analyzed. The authors of this study found that “a state resulting after giving birth”, which is a constituent of article 131, is considered to be a state of diminished responsibility. This means that article 131 is a special norm in relation to article 18. The article 131 is applied only in cases when an infant is killed through the effects caused by giving birth to the child and there is no premeditation. When the murder of an infant is premeditated and some evidence is found of the mother being in a state of diminished responsibility, article 129 and article 18 should be applied together.