She had stabbed him 9 times: Life sentence overturned for mother who killed her baby in Kocaeli

The decision regarding a mother sentenced to life imprisonment for stabbing her newborn baby to death in Kocaeli in 2021 has been overturned by the Court of Cassation. The High Court indicated that it must be evaluated whether the defendant had temporarily lost her capacity to discern during the incident.

Following the reversal decision, the case began to be heard again at the Kocaeli 3rd High Criminal Court. The detained defendant, her lawyers, and her complainant husband attended the hearing. The defendant requested that the reversal decision be complied with, stating, "I was not myself. I request my release."

COURT OF CASSATION REQUESTED EXAMINATION UNDER ARTICLE 34 OF THE TURKISH PENAL CODE

The incident occurred on January 20, 2021, in the Yenişehir neighborhood of İzmit. According to the indictment, the defendant, who is married and a mother of 3, gave birth in the bathroom after experiencing labor pains at home. The autopsy report prepared by the Kocaeli Forensic Medicine Branch Directorate reflected that the newborn baby boy was killed after being wounded 9 times with a sharp, penetrating object.

In her statement during the investigation phase, the defendant had said that she went to the hospital on the day of the incident due to back pain, was given a muscle relaxant injection, and that she gave birth when she went to take a shower after returning home. Stating that she took a fruit knife to cut the baby's umbilical cord, the defendant argued that she did not remember what happened afterward, that she did not know she was pregnant, and that she performed the act unconsciously.

The defendant, who was tried for the crime of "intentional killing of a child or descendant," had been sentenced to life imprisonment on June 14, 2022. Upon the objection of the defendant's lawyers, the Court of Cassation reviewed the file and overturned the decision on the grounds that it should be evaluated whether the person had the ability to perceive the legal meaning and consequences of the act or to direct their behavior due to a temporary reason.

Defending at the hearing, the lawyers stated that their client had been in detention for approximately 5 years and requested her release. The lawyers argued that the defendant was an epilepsy patient, that the incident developed suddenly, and that it was impossible for her to knowingly kill her own child.

The complainant husband stated at the hearing that he was not filing a complaint. The court panel decided to obtain a report from the Council of Forensic Medicine, to continue the defendant's detention, and to adjourn the hearing.