---
title: "Infanticide Defense"
url: "https://legal.ge/en/service/crim-criminal-law-en/infanticide-defense-en"
field: "Criminal Law"
description: "Professional legal defense for infanticide charges in Georgia. Protect your rights and secure a fair trial with verified criminal lawyers on Legal.ge."
reviewed: "2026-02-10"
updated: "2026-10-14"
publisher: "legal.ge"
---

# Infanticide Defense

> Source: legal.ge, https://legal.ge/en/service/crim-criminal-law-en/infanticide-defense-en

## What is the Intentional Killing of a Newborn by a Mother and Why Qualified Legal Assistance is Necessary

The intentional killing of a newborn child by its mother constitutes one of the most profoundly tragic, sensitive, and emotionally heavy criminal offenses within the entire spectrum of criminal law. In the legislation of Georgia, this specific act is explicitly distinguished from ordinary murder because it is intrinsically linked to the extraordinarily complex psycho-physiological state of a woman during the postpartum period. Pregnancy, the agonizing process of childbirth, and the immediate subsequent period cause severe psychological, emotional, and hormonal shifts, which can easily drive a mother into a deeply traumatic, affective, or psychotic state. It is precisely for this reason that the law treats this crime as a murder committed under strongly mitigating circumstances, provided that the act is committed directly during childbirth or immediately after its completion. Despite this legislative nuance, the general public's attitude toward such cases remains overwhelmingly negative, and the accused women frequently become victims of both intense criminal prosecution and crushing societal pressure. Handling this highly specific category of cases requires a defense attorney to possess not only a profound and detailed knowledge of criminal law but also a flawless understanding of the intricacies of forensic psychiatric and medical examinations. The active involvement of a highly professional lawyer is absolutely vital to ensure that the appropriate expert evaluations are scheduled in a timely manner, that the woman's actual mental and emotional state is accurately established, and that her fundamental legal rights are comprehensively protected in order to avoid the harshest possible judicial punishment.

The full text is available on legal.ge after signing in: https://legal.ge/en/service/crim-criminal-law-en/infanticide-defense-en

### How does Georgian law differentiate infanticide from standard murder?

Under the Criminal Code of Georgia, if a mother causes the death of her newborn during or immediately after childbirth due to the severe psycho-physiological trauma associated with delivery, it is classified under a specific, lesser charge of infanticide. This carries a significantly lighter sentence than standard or aggravated murder.

### Can a foreign national receive psychiatric evaluation in their native language in Georgia?

Yes. According to the Criminal Procedure Code of Georgia, any foreign national who does not speak Georgian has the absolute right to a qualified interpreter during all investigative actions, including complex forensic psychiatric and psychological evaluations.

### What happens if the newborn died of natural causes, but the mother is arrested?

This unfortunately happens when police rush to conclusions. An experienced defense lawyer will immediately commission independent forensic medical experts to perform an autopsy and review medical records to prove the death was natural or a tragic medical complication, clearing the mother of all charges.

### Will the mother be kept in pre-trial detention during the investigation?

While prosecutors often request pre-trial detention, a skilled attorney will vehemently argue for bail or release. The defense will highlight the mother's fragile physical and mental state postpartum, arguing that she requires urgent medical care that a penitentiary facility cannot provide.