|
Murder In German Law
Under the German penal code, , there are two sections relating to homicide: * , § 212, "killing", is the intentional killing of another human and is punished with five to fifteen years in prison or imprisonment for life in particularly severe cases, * , § 211, "murder", is used only if the case is especially severe, and is punished with life imprisonment Background The current form of § 211 StGB was created in 1941 by Nazi jurist Roland Freisler. Before that the differentiation between (murder) and (killing) was that was killing "with consideration" () and Totschlag without (StGB 1871–1941). Before 1871 there was no united German state and therefore no common penal code. Many German states defined (murder) as killing "with consideration" and without—similar to other continental European countries (today for example the Netherlands). Consideration is similar to, though not same as, premeditation. While premeditation only means that there is forethought or a plan, c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Penal Code
A criminal code or penal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain Crime, offences that are recognised in the jurisdiction, penalties that might be imposed for these offences, and some general provisions (such as definitions and prohibitions on Ex post facto law, retroactive prosecution). Criminal codes are relatively common in Civil law (legal system), civil law jurisdictions, which tend to build legal systems around codes and principles which are relatively abstract and apply them on a case-by-case basis. Conversely they are not as common in common law jurisdictions. Where a jurisdiction is a federation, the administrative division, subnational units of such jurisdiction may or may not use separate penal codes. For example, in India, the entire country (the Government of India, federal government, states, and union territories) all operate under one criminal code, the Bhara ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Voluntary Manslaughter
Voluntary manslaughter is the killing of a human in which the offender acted in the heat of passion, a state that would cause a reasonable person to become emotionally or mentally disturbed to the point that they cannot reasonably control their emotions. Voluntary manslaughter is one of two main types of manslaughter, the other being involuntary manslaughter. Provocation Provocation consists of the reasons for which one person kills another. "Adequate" or "reasonable" provocation is what makes the difference between voluntary manslaughter and murder. Provocation is said to be adequate if it would cause a reasonable person to lose self-control. State of mind Intent to kill Voluntary manslaughter requires the same intent as murder. The charge of murder is reduced to manslaughter when the defendant's culpability for the crime is "negated" or mitigated by adequate provocation.Scott Mire and Cliff Roberson, The Study of Violent Crime: Its Correlates and Concerns (Boca Rat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder Law By Country
Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). such as in the case of voluntary manslaughter brought about by reasonable provocation, or diminished capacity. ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Most societies consid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Murder Laws By Country
This is a list of the laws of murder by country. The legal definition of murder varies by country: the laws of different countries deal differently with matters such as mens rea (how the intention on the part of the alleged murderer must be proved for the offence to amount to murder) and Sentence (law), sentencing. * Murder in Australian law, Australia * Murder in Brazilian law, Brazil * Murder (Canadian law), Canada * Murder in Chinese law, China * Murder in Croatian law, Croatia * Murder in Cuban law, Cuba * Murder in Danish law, Denmark * Murder in English law, England and Wales * Murder in Finnish law, Finland * Murder in French law, France * Murder in German law, Germany * Murder in Georgian law, Georgia * Murder in Hong Kong law, Hong Kong * Murder in Indian law, India * Homicide in Israeli law, Israel * Murder in Italian law, Italy * Murder in Japanese law, Japan * Murder in Dutch law, Netherlands * Murder (offence under the common law of Northern Ireland), Northern Ireland ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
East Germany
East Germany, officially known as the German Democratic Republic (GDR), was a country in Central Europe from Foundation of East Germany, its formation on 7 October 1949 until German reunification, its reunification with West Germany (FRG) on 3 October 1990. Until 1989, it was generally viewed as a communist state and described itself as a Socialist state, socialist "workers' and peasants' state". The Economy of East Germany, economy of the country was Central planning, centrally planned and government-owned corporation, state-owned. Although the GDR had to pay substantial war reparations to the Soviets, its economy became the most successful in the Eastern Bloc. Before its establishment, the country's territory was administered and occupied by Soviet forces following the Berlin Declaration (1945), Berlin Declaration abolishing German sovereignty in World War II. The Potsdam Agreement established the Soviet occupation zone in Germany, Soviet-occupied zone, bounded on the east b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grundgesetz
The Basic Law for the Federal Republic of Germany () is the constitution of the Federal Republic of Germany. The West German Constitution was approved in Bonn on 8 May 1949 and came into effect on 23 May after having been approved by the occupying western Allies of World War II on 12 May. It was termed "Basic Law" (, ) to indicate that it was a provisional piece of legislation pending the reunification of Germany. However, when reunification took place in 1990, the Basic Law was retained as the definitive constitution of reunified Germany. Its original field of application ()—that is, the states that were initially included in the Federal Republic of Germany—consisted of the three Western Allies' zones of occupation, but at the insistence of the Western Allies, formally excluded West Berlin. In 1990, the Two Plus Four Agreement between the two parts of Germany and all four Allies stipulated the implementation of a number of amendments. The German word may be translate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Capital Punishment
Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence (law), sentence ordering that an offender be punished in such a manner is called a death sentence, and the act of carrying out the sentence is an execution. A prisoner who has been sentenced to death and awaits execution is ''condemned'' and is commonly referred to as being "on death row". Etymologically, the term ''capital'' (, derived via the Latin ' from ', "head") refers to execution by Decapitation, beheading, but executions are carried out by List of methods of capital punishment, many methods, including hanging, Execution by shooting, shooting, lethal injection, stoning, Electric chair, electrocution, and Gas chamber, gassing. Crimes that are punishable by death are known as ''capital crimes'', ''capital offences'', or ''capital felonies'', and vary depending on the jurisdic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Felony Murder
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder. The concept of felony murder originates in the rule of transferred intent. In its original form, the malicious intent inherent in the commission of any crime, however trivial, was considered to apply to any consequences of that crime regardless of intent. History While there is debate about the original scope of the rule, modern interpretations typically require that the offence be an inherently dangerous one, or one committed in an obviously dangerous manner. For this reason, the felony murder rule is often justified by its supporters as a means of deterring dangerous felonies. According to some commentators, the comm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Honour Killing
An honor killing (American English), ''honour killing'' (Commonwealth English), or ''shame killing'' is a type of murder in which a person, usually a woman or girl, is killed by or at the behest of male members of their family or their male partner. As a form of femicide, it is caused by culturally sanctioned beliefs that homicides or femicides are necessary as retribution for the perceived dishonoring of the family by the victim. The murders are condemned by international conventions and human rights organizations, while various communities often justify and encourage honor killings. In cases where the victim is an outsider, not murdering this individual would, in some regions, cause family members to be accused of cowardice or a "moral defect", and subsequently be stigmatized in their community. In cases when the victim is a family member, the murder evolves from the murderers' perception that the victim has brought shame or dishonor upon the entire family, which could le ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dolus Eventualis
South African criminal law is the body of national law relating to crime in South Africa. In the definition of Van der Walt ''et al.'', a crime is "conduct which common or statute law prohibits and expressly or impliedly subjects to punishment remissible by the state alone and which the offender cannot avoid by his own act once he has been convicted." Crime involves the infliction of harm against society. The function or object of criminal law is to provide a social mechanism with which to coerce members of society to abstain from conduct that is harmful to the interests of society. In South Africa, as in most adversarial legal systems, the standard of evidence required to validate a criminal conviction is proof beyond a reasonable doubt. The sources of South African criminal law are to be found in the common law, in case law and in legislation. Criminal law (which is to be distinguished from its civil counterpart) forms part of the public law of South Africa, as well as of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strafgesetzbuch
''Strafgesetzbuch'' (, literally "penal law book"), abbreviated to ''StGB'', is the German penal code. History In Germany the ''Strafgesetzbuch'' goes back to the Penal Code of the German Empire passed in the year 1871 on May 15 in Reichstag which was largely identical to the Penal Code of the North German Confederation from 1870. It came into effect on January 1, 1872. This ''Reichsstrafgesetzbuch'' (Imperial Penal Code) was changed many times in the following decades in response not only to changing moral concepts and constitutional provision granted by the ''Grundgesetz'', but also to scientific and technical reforms. Examples of such new crimes are money laundering or computer sabotage. The Penal Code is a Codification (law), codification of criminal law and the pivotal legal text, while supplementary laws contain provisions affecting criminal law, such as definitions of new types of crime and law enforcement action. The StGB constitutes the legal basis of criminal law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
