The crime of infanticide: to be or not to be? The case of Sweden

When infanticide is discussed it is often seen as either the result of mental health issues and the discussion regards whether a specific infanticide regulation is needed and whether general rules regarding mitigation can be applied instead, or it is seen as murder, arguing that women ‘get away’ with premeditated killings of their children by claiming they were insane. The latter group often argue for the repeal of infanticide laws. Building on an analysis of the verdicts in six cases of infanticide and one case of attempted infanticide in Sweden in the years 2000-2023 this paper argues for the retention of the Swedish child manslaughter crime on the grounds that it does not only provide mitigation for mentally disordered perpetrators, but it can also take the social circumstances into account in cases of ‘severe distress.’