After giving birth, she was hospitalized without a child. The policemen found the newborn in her home, in the wardrobe. The boy was already dead. The Court of Appeal in Poznań changed the sentence against Alicja B. The woman will spend not 12 but eight years in prison and the child’s father does not have to pay compensation.
On July 2, 2019, the 30-year-old went to the hospital in Rawicz. Doctors found that the woman had recently given birth to a child. The police were notified. In the woman’s apartment, in the wardrobe, the body of a newborn was found. The boy lived for at least a dozen minutes. The child had a head injury that resulted in his death. After leaving the hospital, the woman heard the murder charge and was arrested.
In September 2020, the District Court in Poznań sentenced Alicja B. to 12 years in prison. In addition, he ordered her to pay PLN 10,000 as compensation to the child’s father. The man that Alicja B. was pregnant and gave birth to his child learned from the prosecutor during the interrogation.
An appeal against this judgment was lodged by the defendant’s lawyer and the attorneys of the auxiliary prosecutor – the child’s biological father – who demanded PLN 150,000 as compensation. The prosecutor’s office, however, wanted to uphold the sentence.
The court was favorable to the accused
On Wednesday, the Court of Appeal in Poznań issued a final judgment in this case and sentenced Alicja B. to eight years in prison. It also revoked in full the compensation awarded by the court of first instance for the child’s biological father.
As Judge Marek Kordowiecki explained in the justification of the judgment, the woman was responsible for the crime of murder, and not for infanticide, i.e. killing a child during childbirth under the influence of its course. The judge noted that it is true that Alicja B. killed the child “during the delivery”, but – as he said – the murder was not influenced by its course.
This was indicated by the opinions of experts and explanations of the accused. – She described in detail the entire course of the labor, starting with the contractions that occurred at night, and ending with “taking” her to the hospital – judge Kordowiecki said. As he explained, the woman explained everything exactly. – What was she doing, what was the scale of pain and how quickly the labor was going on, saying: “the pain was still bearable and everything went quite quickly and efficiently”. By the way, the accused used a mirror and scissors in this room during the labor operation, as well as scissors – which she also described exactly – said the judge. However, the Court of Appeal found that the penalty imposed by the court of first instance was disproportionately high. – The fact that a human child was brutally murdered does not mean that the punishment must be particularly severe – emphasized judge Kordowiecki.
Judge: The woman was emotionally immature
As he explained, in the realities of this case, the court of first instance “did not penetrate much of the reasoning of Alicja B.”. He also added that the judgment did not indicate any circumstances particularly aggravating for the accused that would justify such a severe punishment. – It cannot be forgotten that the accused found herself in an exceptionally critical life situation. This circumstance results directly from the opinions of expert psychiatrists, especially an expert psychologist, who examined the personality of the accused and came to an unequivocal conclusion that the accused, due to her emotional immaturity, was unable to – in a sense – get out of this “snare” “she found herself in,” said the judge.
The experts’ opinions showed that the accused was an introvert, she did not confide her problems to anyone, “suppressing everything in herself”, and her condition was also influenced by the family situation and the fact that the pregnancy was the result of an affair.
“The father’s attitude deserves complete condemnation”
The court also revoked the amount of PLN 10,000 in compensation for the biological father of the child. The judge reminded that compensation may be awarded to the immediate family members who are considered not only relatives, but also those who are bound by a strong emotional bond. And in this case, there was no such bond. The biological father of the child – before the murder took place – showed no desire to keep in touch with Alice B., and having reason to suspect that she might be pregnant with him – he had never even talked to her about it.
– As he found out in the course of the criminal proceedings that he was the biological father of the murdered child, he also explained directly to the interrogation report that he would not be involved in this case at all. He didn’t even care where the child was buried, the judge explained.
As he emphasized, it was only when it came to the court hearing that he demanded that Alicja B. be ordered to pay 150,000 zlotys.
– In this specific situation – what kind of family was the “victim” for the deceased? Apart from being a biological father, he was not a family of any kind. He hadn’t been interested in Alice B. before, or whether she was pregnant or not, and even after his death, he hadn’t been interested in where the child was buried – but he was interested in money. Such an attitude deserves complete condemnation, concluded the judge.
Main photo source: concrete24