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
( Pp. 91-96)
More about authors
Avetisyan Sergic S.
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; Court of Cassation of the Republic of Armenia, Chairman Armenian Representative Office; International Public Organization “Union of Criminologists and Criminologists”
Russian-Armenian (Slavic) University
Yerevan, Republic of Armenia Sargsyan Adelina A. Cand. Sci. (Law); lecturer, Department of Criminal Law and Criminal Procedure Law, Institute of Law
Russian-Armenian (Slavic) University
Yerevan, Republic of Armenia
Russian-Armenian (Slavic) University
Yerevan, Republic of Armenia Sargsyan Adelina A. Cand. Sci. (Law); lecturer, Department of Criminal Law and Criminal Procedure Law, Institute of Law
Russian-Armenian (Slavic) University
Yerevan, Republic of Armenia
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.
How to Cite:
Avetisyan, S.S., Sargsyan, A.A. (2026). 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. Lobbying in the Legislative Process, 5(1), 91–96. DOI: 10.33693/2782-7372-2026-5-1-91-96. EDN: OHFVYF
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Avetisyan S.S. Responsibility for complicity in the murder of a newborn child by the mother. Sovremennoe Pravo, 2004. No. 6. Pp. 36-41. (In Rus.)
Ivanov N.G. Murder of a newborn child by a surrogate mother. Rossiyskaya Yustitsiya. 2005. No. 12. Pp. 15–20. (In Rus.)
Krasikov A.N. Criminal law protection of human rights and freedoms in Russia. Saratov: Saratov State Academy of Law Publishing House. 1996. 211 p.
Kondrashova T.V. Problems of criminal liability for crimes against life, health, sexual freedom and sexual integrity. Yekaterinburg: Liberal Arts University Press, 2000. 348 p.
Lukichev O.V. Criminal-legal and criminological characteristics of infanticide. Dis. ... of Cand. Sci. (Law). St. Petersburg, 1997. 179 p.
Tagantsev N.S. Russian criminal law: Lectures. General Part. In 2 vols. Tula: Avtograf, 2001. Vol. 1. P. 611.
Keywords:
mother, woman in labor, child in labor, child, traumatic situation, privileged staff.