Homicide and Murder: Differences, Penalties and Criminal Defence

In criminal law, few distinctions are as crucial as the one between homicide and murder. Although both offences share the fatal outcome — the death of a person — the legal classification of the facts can mean a difference of more than 10 years in prison. As criminal lawyers experienced in homicide and murder, we explain the technical points that separate the two.

Homicide vs. Murder: The Fundamental Difference

The offence of homicide (Art. 138 CP) is the basic offence: "Whoever kills another shall be punished, as guilty of homicide, with a prison sentence of ten to fifteen years". It is simple intentional killing.

By contrast, murder (Art. 139 CP) is an aggravated form of homicide. For there to be murder, the killing must be carried out with one of these specific circumstances present:

• Treachery: ensuring the result with no risk to the perpetrator (e.g. an attack from behind, a sleeping or defenceless victim).
• Cruelty: deliberately and inhumanly increasing the victim's suffering.
• Payment, reward or promise: killing to order or for money.
• To facilitate another offence or to avoid being discovered.

Treachery: The Decisive Factor

Most murder charges rest on treachery. The criminal defence usually focuses on dismantling this circumstance. If it is proved that there was a prior argument, a face-to-face confrontation or a possibility of defence on the victim's part, treachery falls away and the offence can be downgraded to homicide, significantly reducing the penalty.

The Importance of the Jury Court

Both homicide and murder fall within the jurisdiction of the Jury Court. This means that nine citizens with no legal training will decide the verdict. The defence strategy must adapt technical language to be understandable and persuasive, working on "reasonable doubt" and forensic expert evidence.