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6. Offences
against a human being
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Article 49-Offences
causing death
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| 49.1 |
Homicide |
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Homicide is the causing of death to one or more persons. For the purpose of the Criminal Code, Homicide is further defined into only three possible classifications- murder, criminally negligent homicide (or manslaughter) and justifiable homicide. |
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| 49.2 |
Murder |
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Murder is the causing of the death of another human being, without lawful excuse, with intent to kill or with an intent to cause grievous bodily harm.
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Primary Fact(s) |
| 1. That the person(s) are deceased. |
| 2. That the actions of the accused contributed to the death(s). |
| 3. That the actions of the accused were done with the intent to cause death or grievous harm; |
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Penalty Conditions (Level 5-Crime) |
Type |
Condition(s) |
1-3 |
a) if committed with the intent to inflict grievous bodily harm to a person; |
4-6 |
a) if committed out of mercenary motives by hire,
b) if attended by robbery with violence, racketeering, or banditry; |
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Penalty Conditions (Level 6-Crime) |
Type |
Condition(s) |
1-3 |
a) if committed by reason of national, racial, or religious hatred, or enmity or blood feud;
b) if committed for the purpose of obtaining the organs or tissues of the victim;
c) of a woman who is known by the killer to be in a state of pregnancy;
d) of a person who is known by the killer to be helpless state, and also murder attended by the kidnapping of a person or the seizure of a hostage; |
4-6 |
a) if committed with especial cruelty;
b) if involving murder of two or more persons;
c) if committed with the purpose of concealing another crime;
d) if murder attended by rape or violent sexual actions;
e) of a person employed in law enforcement in connection to their line of duty; |
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| 49.3 |
Criminally negligent homicide |
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Criminally negligent homicide is the causing of the death of another human being with no intention to kill or cause serious injury.
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Primary Fact(s) |
| 1. That the person(s) are deceased. |
| 2. That the actions of the accused contributed to the death(s). |
| 3. That the actions of the accused were not done with the intent to cause death or grievous harm; |
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Penalty Conditions (Level 4-Crime) |
Type |
Condition(s) |
1-3 |
a) if committed by a driver as a result of a motor vehicle accident;
b) if owing to the general improper discharge by a person in the medical profession of their professional duties;
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4-6 |
a) if committed by a mother of her newborn child in a mentally traumatizing situation or in a state of mental disorder;
b) if owing to the performance of an unlicensed abortion;
c) if owing to the deliberate abandoning without aid of person who is in a state of danger to human life or health and who is deprived of the possibility of taking measures towards their self-preservation;
d) if committed in a state of sudden strong mental agitation, cause by other unlawful or amoral actions (inaction) of the victim;
e) if committed in a state of sudden strong mental agitation, cause by a protracted mentally traumatizing situation caused in connection with the systematic unlawful or amoral behavior of the victim.
f) if owing to the performance of an unlicensed abortion;
g) if owing to the operation of machinery by a licensed operator; |
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Penalty Conditions (Level 5-Crime) |
Type |
Condition(s) |
1-3 |
a) if committed by a mother of her newborn child during or immediately after childbirth;
b) if committed by a driver as a result of a motor vehicle accident, while under the influence of alcohol or drugs;
c) if committed by a person previously convicted of an unlicensed abortion;
d) if committed in a state of sudden strong mental agitation, caused by violence, mockery, or gross insult on the part of the victim;
e) if owing to the general improper discharge by a person of their professional duties; |
4-6 |
a) if owing to the failure to render aid to a sick person without valid reasons, by a person who is duty-bound to render it;
b) if owing to the operation of machinery by an unlicensed operator;
c) if owing to the incitement of a person to commit or attempt to commit suicide by means of threats, cruel treatment of a person or systematic denigration of the human dignity of the victim; |
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| 49.4 |
Justifiable homicide |
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Justifiable homicide is the causing of the death of another human being, with lawful excuse. |
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Primary Fact(s) |
| 1. That the person(s) are deceased. |
| 2. That the actions of the accused contributed to the death(s). |
| 3. That the actions of the accused were lawfully justifiable. |
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Penalty Conditions (Level 2-Crime) |
Type |
Condition(s) |
1-4 |
a) if committed in the defence of one's own life in one's own home against an armed intruder;
b) if committed in the defence of the life of one's own children in one's own home against an armed attacker; |
4-6 |
a) if committed in the defence of one's own life in one's own place of work against an armed intruder;
b) if committed in the defence of the life of one's own children against an armed attacker; |
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Penalty Conditions (Level 3-Crime) |
Type |
Condition(s) |
1-3 |
a) if committed in the defence of a threatened life in one's own place of work against an armed intruder; |
4-6 |
a) if committed in the defence of a imminently threatened life against an armed attacker; |
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