Criminal-legal and criminological aspects of infanticide in the countries of the anglo-saxon system of law

The paper considers the criminal-legal and criminological aspects of killing by a mother of her newborn child (neonaticide crimes). The urgency of the research is caused by the application of the experience of foreign schools in the domestic legal science. The scientific thought of the Anglo-Saxon legal school has achieved considerable results in the sphere of preventing such social phenomenon as neonaticide; however, in the domestic scientific literature, these achievements did not find proper representation. The paper covers the study of neonaticide in the Anglo-Saxon scientific literature. The authors summarize the results of the studies covering the issues of classification and prevention of neonaticide in Anglo-Saxon law. Based on the provisions of Anglo-Saxon law, the authors review the terminology of this phenomenon. The paper analyzes the issues of state prosecution in the cases of neonaticide. The authors note the multiplicity of interpretations of the elements of this crime; identify the contradictions in American and English judicial practice. The study shows that the Anglo-Saxon legal system pays attention to the psychological state of a parturient woman and other elements of the subjective aspect of a crime. Minimizing the severity of criminal punishment for the neonaticide crimes taking into account the psychological state of a parturient woman contributes to strengthening the criminal protection of the life of newborns. The definition of the situation of the commission of a crime, the sequence of actions of a guilty person when preparing and executing the infanticide is valuable for the domestic science. In the structure of the way of committing a crime, the authors specify the actions of causing fatal injuries to a newborn, show the differences of this crime from the abandonment of a child in a helpless condition. Other actions specific to a neonaticide crime are specified. The authors conclude that for the domestic criminology, measures used in the countries of the Anglo-Saxon law system are applicable. Preventive measures include wide social assistance to women of reproductive age. To the opinion of scientists dealing with Anglo-Saxon law, compulsory education of young women on the issues of sexual health is an effective prophylaxis direction. Such prophylaxis direction is also applicable in the domestic practice.