The Supreme Court has ordered the release of a 24-year-old woman who is accused of killing her newborn child in Southern Zealand in December 2024. This decision overturns a previous ruling by the High Court, which had kept her in pre-trial detention.

The Supreme Court determined that there is only “particularly reinforced suspicion” that the woman is guilty of violating section 238(1) of the Penal Code. This section pertains to infanticide, specifically when a mother kills her child during or immediately after birth while experiencing conditions such as weakness, confusion, or bewilderment due to the delivery. A conviction under this section carries a maximum sentence of four years in prison.

Because the potential sentence is less than six years, the Supreme Court ruled that the woman could not be held in remand based on considerations of law enforcement and public sense of justice.

The City Court had initially released the woman in late January after a month of pre-trial detention, citing similar reasoning as the Supreme Court. However, the Eastern High Court subsequently reversed this decision, ordering her back into custody. The High Court believed there was reinforced suspicion that she was guilty of general homicide, which carries a potential sentence of 12 years. As a result, the woman has been detained for more than six months.

The woman admitted in court on December 21st to taking the child’s life and acknowledged guilt under section 238 of the Penal Code. However, she denied charges of manslaughter. The incident occurred at her home between December 19, 2024, and the following morning, after which she was arrested.