Amsterdam conviction for attempted manslaughter

Conviction for attempted manslaughter by throwing her own baby into a dumpster. Defendant with reduced responsibility. Sentenced to imprisonment for a term of four years.

In short, and after a change at the hearing, the suspect was charged with being guilty of leaving her (newborn) baby in a waste container.

Primarily, this offense has been charged as attempted infanticide, secondarily as attempted infanticide, secondarily as attempted manslaughter, and most in the alternative as abandoning her child for the purpose of disposing of it.

The public prosecutor has taken the position that it can be proven that the suspect threw her child into an underground waste container. A fingerprint of the suspect was found on the plastic bag in which the baby was found. In her third interrogation, the suspect confessed that she threw her baby in the waste container and in this statement provided important information about the perpetrator, including the location of the waste container. The fact that she made this statement under undue pressure from the police is in no way substantiated or made plausible. A day later she repeated and supplemented her confession statement with the psychologist. Defendant’s statement that a certain [name censored] has taken her baby from her and thrown it away is implausible and finds no support in the file.

An attempted infanticide cannot be declared proven, because it has not been shown that the suspect had the intention to kill her child prior to the delivery. The alternative charge of attempted child manslaughter cannot be proved either, because this requires that the offense was committed for fear of the discovery of the birth of the child. The record does not show that this is the case. At the time of the incident, she had already been in two different hospitals with her child for a month, took good care of her child, according to the report of the last hospital, and also discussed her situation there – that she was illegally in the Netherlands and her child was born in Belgium.

The more alternative charge of attempted manslaughter can be proved legally and convincingly. Judging by the outward appearance, the defendant’s actions were aimed at the death of the baby. The suspect threw her in a buttoned plastic bag into an underground waste container of three meters deep. The baby weighed 2,300 grams. The garbage bags she lay under were undoubtedly a lot heavier. There are no indications that the suspect committed this offense together with someone else, so that she should be partially acquitted of the ‘co-perpetration’ part.

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