Türkiye’s Court of Cassation has called for postpartum psychosis to be investigated in a case involving a mother accused of causing her baby’s death, highlighting the role of severe mental health conditions in determining criminal responsibility.
The 1st Criminal Chamber overturned a 15-year prison sentence handed to a mother in Istanbul who was accused of throwing her newborn from a window.
The court ruled that the Council of Forensic Medicine must determine whether the mother was suffering from postpartum psychosis at the time of the incident.
The mother, identified as A.Y., had concealed her pregnancy and given birth alone at home. She claimed that the baby had fallen from a window. The baby died 1.5 years later.
The Court of Cassation said the circumstances surrounding the pregnancy, birth and incident required an assessment of whether the mother’s mental state had affected her ability to understand and control her actions.
In a separate case in Ankara, a court ruled that there were no grounds for punishment for a mother whose 2-month-old baby was found dead in a freezer.
The mother, identified as G.I., said she had given birth alone, fallen asleep while breastfeeding and found the baby discolored when she woke up. She then placed the baby in the freezer.
The court took into account her helplessness during childbirth and the severe suffering she experienced following her child’s death.
Her lawyer, Murat Yılmaztekin, said the decision was issued under Article 22/6 of the Turkish Penal Code, which concerns circumstances affecting criminal responsibility.
Retired prosecutor and lawyer Orhan Güngör said a diagnosis of a psychological disorder does not automatically eliminate criminal responsibility.
“The key issue is the extent to which postpartum psychosis affected the mother’s ability to perceive and control her behavior at the time of the incident,” he said.
Güngör also stressed that postpartum psychosis should not be confused with the temporary emotional changes associated with the postpartum period.
Psychologist Saliha Erdoğan said unwanted pregnancies, social pressure and loneliness can increase the risk of psychosis, while emphasizing that each case requires an individual and comprehensive assessment.
She also called for mothers to receive stronger support from their spouses and families following childbirth.
The cases have renewed attention on how Türkiye’s justice system evaluates severe psychiatric conditions that can emerge after childbirth and their impact on criminal responsibility.
