Court nearly halves prison term for woman convicted of abducting and killing granddaughter's newborn

The Zemgale District Court in Latvia has sentenced a woman accused of abducting and killing her granddaughter's newborn child to nine years and 11 months in prison after rehearing the case. The same court had previously imposed 18 years, so the term has been cut by almost half, the news agency LETA learned from the court.

In addition to the prison term, the defendant was placed under probation supervision for three years. She must also pay the victim 2,150 euros in compensation.

Why the case was reheard

The Criminal Cases Department of the Supreme Court had overturned the earlier appeal-court ruling in full and sent the case back for a new hearing. It explained that the ruling failed to prove the infant's body had been desecrated while it was being destroyed. The Supreme Court stated that storing, hiding, carrying away or abandoning a body, or failing to ensure a proper burial, does not count as desecration under Section 117, Paragraph 5 of the Criminal Law if the accused did not act directly upon the body.

The Supreme Court also held that murder committed with awareness of the victim's helplessness can take the form of inaction, such as leaving a newborn without primary care so that death follows. The cassation appeal had claimed that no intent to kill was established, but the Supreme Court noted that the appeal court had examined this and concluded the killing was committed with direct intent.

The charges

According to the indictment, the woman has qualifications as a physician assistant but not the education needed to deliver babies. She delivered her granddaughter's baby herself, and the child was born alive. The defendant was angry about her granddaughter's relationships with men and wanted to conceal the birth. While the young mother was unconscious, she took the newborn out of the home, killed the child at an undetermined place and in undetermined circumstances, and destroyed the body. The child's sex was not established during the investigation.

The district court had earlier found her guilty of abduction, murder and desecration of a corpse. The defendant remains in custody.