INFANTICIDE

“Life once conceived, must be protected with the utmost care;

abortion and infanticide are abominable crimes.”
- Pope Francis
INFANCY
a term used clinically for the period in the life of
a child from birth up to one year. Thereafter, it is
called childhood.

The first 28 days of the child is the neonatal

period and is the most vulnerable time for a
child's survival; complex physiologic changes
occur, and the infant interacts with different
stimuli.
 INFANTICIDE
It is defined as unlawful killing of a child less than three (3) days old. (ART. 255, RPC)

FILICIDE
DEFINITION The killing of a child older than 24 hours by its own parents.

FETICIDE

OF TERMS The killing of fetus at any time prior to birth.

NEONATICIDE
The killing of an infant within 24 hours of birth.
 BRIEF HISTORICAL
BACKGROUND
Infanticide has been practiced on every continent and by people on every level
of cultural complexity, from hunter gatherers to high civilizations, including our
own ancestors. Rather than being an exception, then, it has been the rule.

 To reduce population
 Eliminate physically and mentally handicapped children
 To serve as a sacrifice to deities

Children born with anomalies were once regarded as punishment for the
inappropriate behavior of the parents. Children were often sacrificed in order
to satisfy various superstitions. Weak and sickly children were either
deliberately put to death or passively left to die. In ancient Egypt, even healthy
children were buried in tombs as escorts for their dead parents. According to
the Roman patrician law, the father, head of a family, had a right to kill his
children. In China and Japan, female children were, economically speaking,
considered to be expenses and many of them were therefore drowned. The
midwife was obliged to act according to the will of the father, and if he would
not accept the newborn baby, she had to kill it. She did so according to the old
Japanese custom called “modosu”-placing a paper soaked in water over the
baby’s nose and mouth.

Infanticide was initially used to describe the practice of abandoning or killing

children shortly after birth—a form of family limitation that was eventually
outlawed by Christianity.
 MOTIVE FOR INFANTICIDE
1. To conceal dishonor (single, widowed, estranged
from husband, living separately from husband)
2. Financial reason
3. Desired number of children has already been
attained (substitute for ineffective family planning)
4. Congenital abnormality of the child
5. Mental abnormality of the parent;
6. Belief that child will bring bad luck to the family;
and
7. Maternal illnesses such as postpartum depression
 Art. 255.
REVISED PENAL LAW
Infanticide
The penalty provided for parricide in Article 246 and for murder
in Article 248 shall be imposed upon any person who shall kill
any child less than three days of age.

If any crime penalized in this Article be committed by the

mother of the child for the purpose of concealing her dishonor,
she shall suffer the penalty of prision mayor in its medium and
maximum periods, and if said crime be committed for the same
purpose by the maternal grandparents or either of them, the
penalty shall be reclusion temporal.”
CRIMINOLOGICAL CHARACTERISTICS
OF INFANTICIDE
1. Most often committed by the mother
2. Almost always committed at home
3. Crime scene: no manifest disturbance, no witnesses,
no noise, no outcry
4. Trauma applied is so minimal
5. A newly born child found dead was born dead.

Burden of proof that a living child has been killed is

placed on the prosecution
 TYPES OF EVIDENCES IN INFANTICIDE
CRIMINAL ASPECT In case of alleged infanticide the prosecution must prove
the following:
1. That the child was born alive
2. That the child was deliberately killed
3. That the child killed less than 3 days old.

CONCEALMENT OF DISHONOR
Not an element of the crime but only mitigates penalty. So that if
the mother or the maternal grandparents killed the child to
conceal the dishonor the penalty for parricide is not imposed but
only that provided in the second paragraph of Art. 255
IMPORTANCE OF MEDICO-LEGAL
Mother or her
relatives may be
accused of infanticide,
while the death of the
child may be due to
injury, hemorrhage, or
asphyxia from
precipitate labour.
INVESTIGATION
EXAMINATION OF THE ALLEGED MOTHER
 Signs of recent delivery or was the delivery compatible with age of child (i.e.
changes in breasts and genital tract.)
 Mental condition
 Probability of puerperal psychosis or postpartum psychosis
 Postpartum period begins soon after the delivery of the baby and
usually lasts six to eight weeks and ends when the mother's body has
nearly returned to its pre-pregnant state.

EXAMINATION OF THE CHILD

A forensic pathologist is called in to help in the investigation and attempts to
answer three questions, all of which have important legal consequences:
(1) Was the infant of a gestational age when it would be capable of sustaining
separate existence (viability)?
(2) If so, did the infant actually achieve a state of separate existence from its
mother (live born) before it died or did it die before the onset of birth (dead
born), or during the process of birth (stillborn)?
(3) If live born, what was the cause and manner of death and the time since
death?
HOW INFANTICIDE IS COMMITTED
ACT OF OMISSION
 INFLICTING PHYSICAL INJURIES

ACT OF COMMISSION  use of kitchen utensils or any other hard or sharp objects may traumatize a child.

FRACTURES AND DISLOCATION OF

BLUNT HEAD INJURY WOUNDS
CERVICAL VERTEBRAE

 Blows on the head may be produced with a

blunt object; or
 Infanticide by dashing the head against a  May be caused by twisting of the neck  The child may be killed by stab, incised
wall or by the floor by holding the feet. wounds, cut throat, etc
Bruising of the ankles, and feet where they
were firmly gripped.
 DELIBERATE EXPOSURE TO HEAT OR COLD

ACT OF COMMISSION  The child may be exposed to direct sunshine or may be

placed in a basin of cold water until death.

BURNING
 This form of killing an infant is not common.
 But may be resorted to with the simultaneous burning of the
dwelling place to conceal offense.

POISONING
 Denatured alcohol, tincture of iodine, or any other drugs
which form a part of the household-remedies may be
administered to the child.
 A thorough examination of the gastro-intestinal tract for
irritation and an examination of the organs and its contents by
a toxicologist are necessary to determine the kind of poison
and the quantity taken.
 ASPHYXIA
ACT OF COMMISSION STRANGULATION SUFFOCATION
DELIBERATE
DROWNING

 Throttling or strangulation by ligature is also  child’s nose is closed with two fingers and the
common. lower jaw is pushed up with palm to occlude the
 Sometimes, umbilical cord is used as airway;
ligature to simulate accident  Placing a pillow or towel over the child’s face and  May be done by leaving the infant in the
 Abrasion on the neck may be caused by pressing down; or bathtub or in washing machine
the frantic effort of the mother to  Pressing the face of the child down into soft
deliver herself. tissues like a pillow or clothing.
POST MORTEM FINDINGS IN CASE OF INFANTICIDE
1. Complete examination of the skin
surfaces may show presence of marks of
physical violence e in the form of
fingernail marks especially at the neck.
There may be other forms such as
abrasion, contusion, hematoma, or
lacerated wounds are also evident.
2. Laceration or other forms of
injury of the upper portion of air
passage with deformity of the
trachea and larynx

Hematoma in the vocal folds and edema

over both arytenoid cartilages following
laryngeal trauma.

Disarticulated right arytenoid cartilage

after laryngeal trauma. Laryngeal fractures are present in around 50% of
cases of manual strangulation, with the majority
being hyoid bone fractures.
 Intracerebral hematoma

Cerebral Artery
3. There may be fracture of the bones,
laceration of the internal organs, cerebral
hemorrhages and others.

Ruptured cerebral artery

Their neck muscles aren't fully developed yet. In addition, their heads are large and
heavy in proportion to the rest of their bodies. The violent shaking tears the child's
blood vessels, nerves and tissues, causing their brain to swell, bruise and bleed
4. The lungs may show petechial
hemorrhages, emphysema or signs
of drowning.
5. Examination of the mouth and upper
portion of the alimentary tract may
show signs of irritation if death is due to
poisoning.

6. In cases of poisoning, the organs

must be preserved and sent to a
competent toxicologist for proper
analysis.
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