Reiwa 6 (Wa) No. 19 Guardian’s Abandonment Causing Death Case

In early 2025, a woman in Osaka, Japan, gave birth alone at home and subsequently abandoned the newborn in a cardboard box left in a public park. The infant died from hypothermia and exposure. Prosecutors charged the mother with abandonment causing death by a person responsible for protection under Article 219 of the Penal Code. During the trial at the Osaka District Court under case number Reiwa 6 (wa) 19, the defense argued that the defendant acted in a state of panic and exhaustion, lacking intent to cause harm. The prosecution emphasized the legal duty of care owed to the child and the foreseeability of the fatal outcome. The court ultimately rejected the claim of reduced criminal liability.

The Osaka District Court found the defendant guilty of abandonment causing death by a person responsible for protection and sentenced her to 5 years in prison.

The main dispute centered on whether the defendant’s act constituted a willful abandonment under the law and whether her psychological state and panic at the time could mitigate criminal responsibility, or if the abandonment fell under the standard of a guardian’s gross neglect directly leading to death.

The case reignited public debate on Japan's insufficient anonymous birth options and the lack of social support for isolated pregnant women. It led to renewed calls from child welfare advocates to reform the baby hatch system and expand emergency counseling services to prevent similar tragedies.