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<p>In 1998, Section §217 of the German Penal Code (<i>Strafgesetzbuch</i>, StGB), which had been created in 1871 as a&#xa0;special provision for the killing of a&#xa0;newborn child “at or immediately after birth” by an illegitimate mother, was abolished. On the one hand, the question is examined as to whether the privileged treatment of neonaticide has in fact become outdated thanks to the Enlightenment. Secondly, the consequences of the abolition of §&#xa0;217 StGB for dealing with female perpetrators from a&#xa0;psychiatric and legal perspective are discussed. The conclusion is that the discrepancy between empirical knowledge and normative assessment of the conditions of neonaticide has considerably widened since the abolition of §&#xa0;217 StGB.</p>

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Der Umgang mit Müttern, die das Neugeborene töteten

  • 期刊论文

  • 发表日期：

    2025年1月20日

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  • Matthias Lammel

摘要

In 1998, Section §217 of the German Penal Code (Strafgesetzbuch, StGB), which had been created in 1871 as a special provision for the killing of a newborn child “at or immediately after birth” by an illegitimate mother, was abolished. On the one hand, the question is examined as to whether the privileged treatment of neonaticide has in fact become outdated thanks to the Enlightenment. Secondly, the consequences of the abolition of § 217 StGB for dealing with female perpetrators from a psychiatric and legal perspective are discussed. The conclusion is that the discrepancy between empirical knowledge and normative assessment of the conditions of neonaticide has considerably widened since the abolition of § 217 StGB.