Examination of (suspected) neonaticides in Germany: a critical report on a comparative study

Abstract

In cooperation with the Crime Investigation Agency (Landeskriminalamt) of North Rhine-Westphalia, we carried out a study of 150 cases of (suspected) neonaticide dating from 1993 to 2007 from all over Germany. The autopsy reports and additional expert opinions (if performed) were evaluated for a minimum of 78 variables. Emphasis was placed on the application of special preparation techniques and other special questions arising during the examination of a deceased newborn child. Forty-five percent of the cases remained unsolved, which means that the mother could not be identified. Twenty-seven percent of the corpses were in a state of such severe putrefaction that forensic examination was limited. The main causes of death were all forms of suffocation. The signs of maturity (such as length, weight, and fingernails) were recorded in more than 95 % of the cases. Hydrostatic test of the lung was performed in 96 %, and that of the gastrointestinal tract in 84 %. Given the results of the study, standard protocols and checklists are recommended to facilitate comparability and to ensure the completeness of findings. Full-body X-rays or CT scans should be used to complete viability examinations.

The medico-legal investigation of abandoned fetuses and newborns—a review of cases admitted to the Pretoria Medico-Legal Laboratory, South Africa

“…This correlates with the study by Schulte et al in Germany where marked and severe putrefaction was present in 32% of cases. [8] Tissue for DNA analysis for identification purposes was retained in 79 of the 110 fetuses who were more than 26 weeks of gestational age (72%). Review of the final outcome of these DNA investigations was beyond the ambit of this study, and it is unknown whether any prosecutions were implemented based on the findings of these investigations.…”

“…Suffocation was not established as a cause of death in any of the cases in our study in contrast to the study by Schulte et al where 41 of the 76 cases where a cause of death was ascertained, death was due to suffocation. [8] In view of the liberal termination of pregnancy legislation it is difficult to understand why so many of these babies and fetuses are still found. According to the Choice on Termination of Pregnancy Act (Act 92 of 1996), a pregnancy termination can be performed up to 12 weeks of gestation if requested by the female.…”

“…Schulte et al also indicated that additional investigations in such cases should be mandatory and if the attending forensic medical practitioner does not perform such investigations "his/her expertise would be incomplete without the implementation of additional examinations and that court proceedings without the results -from a medical point of view -not acceptable". [8] Shortcomings in such an investigative protocol may jeopardize the judicial process in cases where criminal prosecution may be possible. The ethical dilemma is that if life can so easily be "disposed" of and disregarded, what message will this convey about society?…”

“…[7] In Germany, Schulte et al identified 150 cases (1997)(1998)(1999)(2000)(2001)(2002)(2003)(2004)(2005)(2006)(2007) in 27 institutes of legal medicine. [8] The latter authors did not indicate an incidence of these cases but only reported on the findings at the mentioned medico-legal laboratories. [8] The nature and scope of the medico-legal investigation of fetal and baby abandonment cases will depend on relevant regional laws.…”

“…[8] The latter authors did not indicate an incidence of these cases but only reported on the findings at the mentioned medico-legal laboratories. [8] The nature and scope of the medico-legal investigation of fetal and baby abandonment cases will depend on relevant regional laws. In South Africa there are numerous laws applicable the medico-legal investigations.…”