Homicide and Murder: Differences, Penalties and Criminal Defence
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listIn this article
lightbulbKey Takeaways
- check_circleThe difference between homicide and murder
- check_circleTreachery and cruelty
- check_circleReviewable permanent imprisonment
- check_circleJury Court
Quick answer
Homicide (Art. 138 CP) is simple intentional killing, punished with prison of ten to fifteen years. Murder (Art. 139 CP) is the aggravated form that applies where the killing is carried out with treachery, cruelty, payment or reward, or in order to facilitate another offence or avoid its discovery, and is punished with prison of fifteen to twenty-five years, rising to reviewable permanent imprisonment where several circumstances concur. The classification can mean a difference of more than ten years, so the defence usually focuses on dismantling treachery: if there was a prior argument, a face-to-face confrontation or a possibility of defence, the offence can be downgraded to homicide. Both offences are tried before the Jury Court.
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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.
The Penalties
While homicide is punished with 10 to 15 years, murder starts at 15 to 25 years. If further aggravating factors are present, reviewable permanent imprisonment can be imposed.
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.
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Frequently asked questions
What is the difference between homicide and murder?expand_more
Homicide (Art. 138 CP) is intentionally killing another without qualifying circumstances and is punished with prison of ten to fifteen years. Murder (Art. 139 CP) requires the killing to concur with treachery, cruelty, payment, reward or promise, or the aim of facilitating another offence or avoiding its discovery, and is punished with prison of fifteen to twenty-five years.
What is treachery and why is it decisive?expand_more
Treachery consists of ensuring the death with no risk to the perpetrator, for example by attacking from behind or a sleeping or defenceless victim. It is the circumstance most murder charges rest on; if the defence proves there was a prior argument, a face-to-face confrontation or a possibility of defence, treachery falls away and the offence can be downgraded to homicide.
When can reviewable permanent imprisonment be imposed?expand_more
In murder, where several of the aggravating circumstances provided for by law concur, the penalty can be raised to reviewable permanent imprisonment, reserved for the most serious cases.
Who tries homicide and murder offences?expand_more
Both fall within the jurisdiction of the Jury Court, made up of citizens with no legal training. For this reason the defence strategy must translate technical language into understandable and persuasive terms, working on reasonable doubt and forensic expert evidence.
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