A Review of the Old Neonaticide Narrative for Georgian Criminal Law Reform

Abstract

The article critically discusses the special definition of infant homicide by the mother. Unlike traditional Georgian books, this essay analyzes the causes of neonaticide and its historical, cultural and socio-economic contexts, under the influence of which it has taken the form it has today. The traditional argument for the lenient punishment of neonaticide is the direct link between a woman's psychosis and childbirth trauma, which is criti- cized in this article and supports a new understanding of neonaticide and ways to solve it, which is based on the findings of old and new research on neonaticide conducted in various countries (including Georgia). Therefore, the article supports the position that neonaticide (art. 112) should be abolished because it is sexist and consti- tutes an echo of patriarchal consciousness in law. The position is supported in the article, according to which the medicalization of neonaticide is assessed as a "legal concoction". The article focuses on the causes and contexts of neonaticide, which is important for a critical understand- ing of neonaticide and the development of Georgian criminal law in this regard. Thus, the article supports the view that neonaticide is discriminatory based on the gender and age of the child. The mitigation or complete exculpation should be based on an individual analysis of each case. This re- quires the application of the general provisions of diminished responsibility and insanity and the increase in the practice of examining them concerning neonaticide. Taking into account the analysis of the modern Georgian context, the article supports the change of the mentioned norm in parallel with the promotion and strengthening of the practical realization of women's rights by the state.