Barnadråpsbrottet – ett tabubelagt rättsrudiment eller en särpräglad situation som motiverar privilegiering?

Sammanfattning: The infanticide provision entails a privileging of the case when a woman intentionally kills her newborn child. The range of punishment for the crime is imprisonment for a maximum of six years. Despite its rare application today, the provision has a dark and extensive history and constituted a significant challenge for criminal law and criminal policy during the 18th century. The societal view of women who gave birth outside of marriage was extremely shameful and the act was punishable by death. Difficulties in criminal justice policy led to legislation where women could be convicted solely on presumptions and face brutal punishments like beheading and burning at the stake. Over time, social, cultural, and forensic developments reshaped the perception of the perpetrator in cases of infanticide. The woman, once regarded as an unleashed evil entity, came to be seen as a victim of societal shaming and pressure, influenced by high psychological and hormonal stresses. Consequently, a milder punishment than what would typically be imposed for taking a person's life was considered justifiable. The present-day infanticide provision was established with the introduction of the Swedish Penal Code. The provision assumes that the woman acted under the influence of psychological imbalances resulting from pregnancy, childbirth, or breastfeeding. However, the current legal provision has been criticized in the discourse as untimely and redundant. To this day the regulation grapples with social, psychological, and criminal law aspects. Therefore, exploring the historical background and examining the ongoing debate surrounding it, presents an intriguing essay topic. This essay aims to investigate the evolution of the infanticide provision and examine arguments regarding its suitability from a perspective of legal development. Additionally, alternative approaches in current discourse will be explored.