For the murder of a four-month-old girl, the prosecutor demanded a life sentence for her mother, Monika P. from Bytom. The court sentenced her to 25 years in prison. The appellate court lowered the sentence to 15 years because – as it justified – the accused grew up in difficult conditions. The Public Prosecutor General does not agree with the verdict and sent a cassation appeal to the Supreme Court.
Zbigniew Ziobro, Prosecutor General, did not agree with the court’s sentence, which lightened the punishment of Monika P. accused of killing her four-month-old daughter. The inhabitant of Bytom was sentenced to 25 years in prison, and the court lowered the sentence to 15 years. A cassation appeal was submitted to the Supreme Court.
She played the music loudly, which woke her little daughter who started to cry
The verdict with which the Prosecutor General did not agree concerns the case of January 9, 2018. It’s then to A four-month-old girl was hit at the hospital in Chorzów with a serious head injury. The child’s mother, who called an ambulance, said the daughter choked. The medics notified the police. The girl died on January 22 in the hospital.
Initially, the prosecutor’s office charged the woman with serious bodily harm. Later – after receiving a detailed opinion from experts from the Department of Forensic Medicine – it turned out that the child’s head injuries were “active” and the charge was changed to murder.
– When the couple ran out of alcohol, Monika P. ordered her cohabitant to get vodka. After he left, she played very loud music, which woke her little daughter, the baby began to cry. The accused hit the baby twice on the head, causing fractures of the skull bones, intracranial hemorrhages and a contusion of the brain, the prosecutor said. The prosecutor found that the woman had beaten the girl with “at least 1.4 per mille of alcohol in her blood.” The woman and her partner were also responsible for the abuse of other children.
Public Prosecutor General: 15 years is a disproportionate punishment for a killer of her own child
Before the court of first instance, the prosecutor demanded a life imprisonment for Monika P.. In the fall of 2019 the woman was sentenced by the District Court in Katowice to a milder sentence – 25 years in prison. The decision was appealed by both the prosecutor and the defendant’s attorney.
The Court of Appeal in Katowice, by a judgment of September 24, 2020, reduced the sentence to 15 years imprisonment, “with the possibility of early release not earlier than after serving 12 years imprisonment by the accused”. The difficult conditions in which Monika P. grew up were – as the court emphasized – a mitigating circumstance.
– The Public Prosecutor General accused in the cassation a gross disproportionate sentence of just 15 years’ imprisonment imposed on the killer of her own child. The case file shows that the accused mistreated the children even during the probation officer visits. In his presence, she stated that hitting children is the best educational method – the Press Department of the CUT reported.
According to the Public Prosecutor General, the murder of a few-month-old girl was not accidental, but “was a tragic consequence of the accused’s behavior, using violence against children”. – In the course of the proceedings, the accused showed no remorse, and even tried to shift the responsibility to her minor son – the National Prosecutor reported.
The fact that the accused was accused of murder with “possible” and not “direct” intention also contributed to the reduction of the penalty against P. – The accused’s action was taken against a completely defenseless creature, whom she, as a mother, should care for. Similarly, calling for the accused to prepare should not be considered as acting in her favor, as it was motivated only by the fear of the consequences, and not the desire to help her daughter – the Public Prosecutor General pointed out in the appeal lodged.
The Public Prosecutor General asked for the judgment to be revoked in the part concerning the decision on the penalty and for the case to be reconsidered by the Court of Appeal in Katowice.
Main photo source: tvn24