List Of Murder Laws By Country
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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 sentencing. *Australia *Brazil *Canada *China *Cuba *Denmark *England and Wales *Finland *France *Germany *Georgia *Hong Kong *India *Israel *Italy *Netherlands *Northern Ireland *Norway *Peru *Portugal *Romania *Russia *Sweden *Switzerland *United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ... {{div col end Murder law by country ...
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Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("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 (area), jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most a ...
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Murder (law Of India)
In India according to Section 300 of the Indian Penal Code, 1860, murder is defined as follows: On the other hand, culpable homicide (section 299 of Indian Penal Code, 1860)is defined as Burden and standard of proof in murder cases To prove that the accused is the murderer is one of the most difficult tasks faced by a criminal lawyer. The mode of proof may take diverse forms, it may be by both direct evidence and circumstantial evidence. It may be through dying declaration, confession, evidence of near relations and so on. One or more modes of proof may be telescoped in a particular case. it may be borne in mind that burden of proving the case initially is on the prosecution which must prove it beyond reasonable doubt. However, if the other parameters of the offence stands established, then the plea of non-discovery of the dead body of the victim is of no consequence in proving the ''corpus delicti ''in murder. As stated by Phipson on Evidence in Criminal Cases the prose ...
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Murder (Swiss Law)
In Switzerland, articles 111 to 117 of the Swiss Criminal Code detail the various scenarios in which the killing of another person is punishable. Articles 112 to 117 are leges speciales to article 111, meaning that when the conditions of one of the latter are met, article 111 will not be invoked. Intentional Homicide Article 111 criminalises intentional homicide (''Vorsätzliche Tötung'', ''Meurtre'' or ''Omicidio intenzionale'') and this crime occurs when a person intentionally behaves in such a way that causes the death of another person. It is classified as a felony and is punishable by at least five years' imprisonment. Murder Article 112 is first degree murder (''Mord'', ''Assassinat'' or ''Assassinio'') and is a lex specialis to article 111 and envisages a situation where a person has intentionally caused the death of another person with either particular cruelty or an ''odious'' motive or goal. A conviction under article 112 is punishable by life imprisonment or ...
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Murder (Swedish Law)
In Sweden, the following homicide offenses exist: * Murder ( sv, Mord) is defined as an intentional killing and is punishable with imprisonment between 10 and 18 years or life imprisonment. (3-1 § of the Penal Code) * Manslaughter () (roughly corresponds to voluntary manslaughter). It is defined as murder when it is less severe, either due to the circumstances or the crime itself and is punishable by 6 to 10 years. (3-2 §). The law reads: "If, in view of the circumstances that occasioned the act or for some other reason, an offence referred to in Section 1 is considered less serious, the person is guilty of manslaughter and is sentenced .. * Infanticide () is murder committed by a mother on her child "when, owing to her confinement, she is in a disturbed mental state or in grave distress", punishable with any prison term up to 6 years. (3-3 §) * Causing the death of another (, literally 'causing anther's death'). It roughly corresponds to negligent homicide or involuntary m ...
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Murder (Russian Law)
{{unreferenced, date=October 2011 According to the modern Russian ''Criminal Code'', only intentional killing of another human is considered as a murder (Russian ''убийство'' transliteration ''ubiystvo''). The following types of murder are defined: * Murder per se (article 105 of ''Criminal Code''): ** common corpus delicti (with no aggravating circumstances listed below). Punished with a sentence between 6 and 15 years ** qualified corpus delicti. Punished with a sentence between 8 and 20 years, life sentence, or death penalty. Aggravating circumstances: :a) against two or more people; :b) against person on public duty or their relatives; :c) killing of hostage, kidnapped or helpless person; :d) killing of pregnant; :e) committed in a cruel way; :f) committed in a socially dangerous way; :g) motivated by a blood feud (vendetta); :h) committed by a group of persons, a group of persons under a preliminary conspiracy, or an organized group; :i) for a profit, inclu ...
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Murder (Romanian Law)
According to the Romanian penal code, the maximum punishment a person can get for the unlawful killing of another is life imprisonment. Degrees of murder Under the new penal code, which came into force on 1 February 2014, offences involving the unlawful killing of a person are classified as: Art 188 Murder (''Omorul'') - where no aggravating circumstances exist: punishment 10 - 20 years, ban on the exercise of certain rights Art. 189 Aggravated murder (''Omorul calificat'') Murder committed under any of the following circumstances: a) with premeditation; b) for a material interest; c) in order to avoid or to help another individual avoid criminal liability or the service of a sentence; d) in order to facilitate or conceal the commission of another offense; e) by an individual who committed other murders or attempted murders previously; f) against two or more individuals; g) against a pregnant woman; h) with cruelty; - shall be punished by life imprisonment or no less than 15 and ...
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Murder (Portuguese Law)
The Portuguese Penal Codehttp://www.portolegal.com/CPENAL.htm Código Penal (in Portuguese) was adopted in 1982 and has been revised on several occasions, most recently in 2007. It devotes a whole chapter on "crimes against human life". In fact, the very first crime addressed on that code is murder. The Portuguese Constitution (adopted in 1976) expressly forbids the death penalty (art. 24, § 2) and life imprisonment (art. 30, § 1). Additionally, since 1997, the Constitution does not allow the extradition of anyone who would be subject to any of those two forms of punishment at the requesting country. Unless binding assurances are given that the suspect will not be sentenced to either death penalty or life imprisonment, the extradition must be rejected. The Penal Code states that no person may be sentenced to a prison term longer than 25 years. A multiple murderer - no matter how many homicides committed - will not serve more than 25 years in prison. Likewise, in the case murde ...
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Murder (Norway)
In Norway an act of murder (''mord'' or ''drap'') is, as in other legal systems, illegal and considered a very serious offense. Categories of murder Until 2015, murder was classified and punished as follows: Miscellaneous forms of murder Assisted suicide is generally illegal in Norway, and will in most cases be treated as planned murder, although the punishment may be milder depending on the circumstances. Euthanasia (''aktiv dødshjelp'') has been much debated in Norway. Some groups have expressed that it should be legal in cases where the victim is sane and fully aware of what he or she is asking for. Acts of euthanasia, however, are illegal, and are treated as any other form of assisted suicide. Current law In 2015, a new penal code came into force. Murder, and other violent offenses resulting in death, are defined in ''Chapter 25. Violent offences, etc.''https://www.legislationline.org/download/id/9055/file/Norway_Penal%20Code.pdf See also *List of murder laws by count ...
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Murder (offence Under The Common Law Of Northern Ireland)
The law of Northern Ireland is the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a distinct jurisdiction in 1921. Prior to 1921, Northern Ireland was part of the same legal system as the rest of Ireland. For the purposes of private international law, the United Kingdom is divided into three distinct legal jurisdictions: England and Wales; Northern Ireland and Scotland. Northern Ireland is a common law jurisdiction. Although its common law is similar to that in England and Wales, and partially derives from the same sources, there are some important differences in law and procedure. Northern Irish law has its roots in Irish common law prior to the partition of Ireland in 1921 and the Acts of Union in 1801. Following the formation of the Irish Free State (which later became the Republic of Ireland), Northern Ireland became its own devolved legal jurisdiction within the United Kingdom. History of ...
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Murder (Dutch Law)
Under Dutch law, moord ('' murder'') is the intentional and premeditated killing of another person.Article 289 Dutch Penal Code
"Any person who intentionally and with premeditation takes the life of another person shall be guilty of murder and shall be liable to life imprisonment or a determinate term of imprisonment not exceeding thirty years or a fine of the fifth category."
Murder is punishable by a maximum sentence of life imprisonment, which is the longest prison sentence the law will allow for. Unlike in most other European countries, there is no possibility for parole for those sentenced to life in the Netherlands. It is one of the few countries in Europe where life imprisonment ...
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Murder (Italian Law)
By Italian law, murder (''omicidio'' ) is regulated by articles 575–582, 584–585, and 589 of the ''Codice Penale'' (Penal Code). In general, according to Art. 575, "whoever causes the death of a human being is punishable by no less than 21 years in prison"; nevertheless, the law indicates a series of circumstances under which murder is punished with life in prison, so life in prison in Italy is, in practice, never less than 21 years. Definitions and penalties According to Italian law, any sentence of more than five years perpetually deprives (''Interdizione perpetua dai Pubblici Uffici'') the condemned person of: voting rights, the ability hold public office, the ability hold any governmental or para-statal position (articles 19, 28, 29). A convict for life is also deprived of parental rights. Their children are either given to the other parent or hosted in a public structure (art. 32). Life imprisonment Articles 576 and 577 provide for a mandatory punishment of life imprisonm ...
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