Murder of pregnant woman
Prosecuted as manslaughter under § 237; pregnancy counts only at sentencing.
Under Danish law, there is no separate criminal provision covering the murder of a pregnant woman. Such cases are prosecuted under the Danish Penal Code (straffeloven) § 237 on manslaughter, which punishes anyone who intentionally kills another person, regardless of the victim's particular circumstances or condition. Danish criminal law therefore does not provide a distinct and aggravated sentencing range based solely on the victim's pregnancy, unlike certain other legal systems that have introduced qualified homicide provisions or separate offences for precisely this situation.
Under Danish case law, however, the pregnancy may be taken into account as an aggravating circumstance in the specific sentencing decision within the applicable range for manslaughter. In other words, when determining the level of punishment, the court may give weight to the fact that the victim was pregnant, without this formally altering the legal classification of the offence.
As regards the foetus, Danish law does not protect it as an independent object of criminal protection in the same way as a person who has been born. A foetus is not regarded as "another person" within the meaning of the Penal Code, and the loss of the foetus as a consequence of the killing of the mother therefore does not constitute a separate homicide in legal terms.
Overall, the correct legal designation for such cases in Denmark is manslaughter under § 237, and any special circumstances — including pregnancy — are handled within the framework of ordinary sentencing principles.
