Is the privileged status of § 79 StGB (Criminal Code) still up-to-date ? a legal comparison with Germany and SwitzerlandThe present masters thesis is a comparative legal study which is concerned with the elements of the crime of killing a child during or after birth and the legal difficulty associated with this.Following a legal-historical digression, the work addresses the current applicable provisions prevailing in Austria, Germany and Switzerland. From this it emerges that the privileged status of neonaticide continues to be applicable in Austria (§ 79 StGB) and Switzerland ( Art. 116) of the Swiss Criminal Code. In Germany, on the other hand, § 217 of the German Criminal Code was deleted without replacement.This legal comparison leads to the finding of strong criticism of the German solution by Education and Science and, in particular, that individual cases have been characterized differently by the courts and have resulted in divergent penalties and a degree of legal uncertainty. In Austria and Switzerland, on the other hand, which continue to apply privileged status, consistent jurisdiction and case solving are to be observed, with the result that this solution is to be given preference, although, notwithstanding this, from a statistical standpoint, only a few cases of neonaticide (between 1 and 4) are observed annually.In the course of a briefly summarized consideration devoted to the underlying psychological processes it emerges that many cases of neonaticide can be attributed to a suppressed (denied) pregnancy rather than to a crisis of honour, circumstances already described by the forensic medicine specialist Gerchow in 1957 and recognized by modern science to really exist. The ultimate conclusion of the work was the affirmation of the question posed in the title regarding the up-to-dateness of these laws that give a privileged status to neonaticide.