"Anencephaly" is a fatal and incurable defect that due to the destruction of nerve tissue prevents the formation of the skull and brain in the fetus or infants. This can be recognized during the fetal period and at birth. Explaining the jurisprudential and legal status of anencephaly is one of the topics of criminal law challenge that the author of this article has tried to address. A fetus with such complications is considered a malformed fetus, and under certain conditions, medical abortion is permissible. Anencephalic infants are also very short-lived due to retardation and severe structural disorders of nerve tissue, but this does not mean that they are brain dead or uninhabited. However, the situation of these people is compatible with the state of insanity.