Murder, provided for and punishable under Article 221-1 of the French Criminal Code, is defined as “the intentional killing of another person”.

Murder is punishable by 30 years’ imprisonment or, under certain circumstances, life imprisonment.

1. The act of killing

Murder requires one or more positive acts, meaning that causing death through an omission cannot constitute murder (although it may constitute another offence, such as failure to assist a person in danger).

Such positive act(s) must result in the death of another person. Taking one’s own life – suicide – is, however, no longer a criminal offence.

The manner in which death is caused (firearm, bladed weapon, blows, strangulation, drowning, etc., whether through a single act or through multiple successive means) is irrelevant. Only poisoning is subject to a specific offence under Article 221-5 of the French Criminal Code.

2. Intent to commit murder

The perpetrator must have the intention to kill (animus necandi).

This homicidal intent may be inferred from the act committed, particularly from the weapon used, the part of the victim’s body at which the blows were directed, and the force of those blows.

The motive, meaning the reasons underlying the intention to kill, is irrelevant.

The victim does not have to be specifically identified, and a mistake as to the victim’s identity does not alter the legal classification of the offence: it is irrelevant that the perpetrator intended to kill someone else.

The victim’s consent is also irrelevant: killing another person at their request constitutes murder (whereas assisting another person in committing suicide is not punishable as complicity under the law – the distinction may be subtle).

Premeditated Murder

Premeditated murder, provided for and punishable under Article 221-3 of the French Criminal Code, is defined as “murder committed with premeditation or by lying in wait”.

Premeditated murder is therefore murder committed with the aggravating circumstance of premeditation and/or lying in wait:

• premeditation is the intention, formed before the act, to commit murder: it is a considered and deliberate intention preceding the act;
• lying in wait consists of waiting for the victim for a certain period of time at a specific location in order to commit the murder (lying in wait therefore necessarily implies premeditation).

Penalties and Aggravating Circumstances

Murder is punishable by 30 years’ imprisonment, and this sentence may be increased in certain circumstances.

Murder is therefore punishable by life imprisonment where:

• it precedes, accompanies or follows another felony; 
• its purpose is either to prepare or facilitate a misdemeanour, or to facilitate the escape or ensure the impunity of the perpetrator or accomplice of a misdemeanour;
• it is committed against a minor under the age of fifteen;
• it is committed against a legitimate or natural ascendant, or an adoptive father or mother;
• it is committed against a person whose particular vulnerability, due to age, illness, disability, physical or psychological impairment, or pregnancy, is apparent or known to the perpetrator;
• it is committed against a judge, juror, lawyer, public or ministerial officer, member of the French National Gendarmerie, officer of the National Police, customs officer, prison administration officer or any other person vested with public authority, firefighter or naval firefighter, sworn building or residential complex caretaker, or an employee carrying out caretaking or surveillance duties for residential premises on behalf of a landlord, in the exercise of or because of their duties, where the victim’s status is apparent or known to the perpetrator;
• it is committed against a teacher or any member of staff working in an educational establishment, an employee of a public passenger transport network operator or any person entrusted with a public service mission, as well as a healthcare professional, in the exercise of or because of their duties, where the victim’s status is apparent or known to the perpetrator;
• it is committed against the spouse, direct ascendants or descendants, or any other person habitually residing in the home of one of the aforementioned persons, because of the duties performed by that person;
• it is committed against a witness, victim or civil party, either to prevent them from reporting the facts, filing a complaint or giving evidence in court, or because they reported the facts, filed a complaint or gave evidence;
• it is committed by several persons acting as an organised criminal group;
• it is committed by the victim’s spouse, cohabiting partner or partner bound to the victim by a civil solidarity pact (PACS);
• it is committed against a person because of their refusal to enter into a marriage or union;
• it is committed by a person who is manifestly intoxicated or manifestly under the influence of narcotics.

Premeditated murder (murder committed with the aggravating circumstance of premeditation and/or lying in wait) is also punishable by life imprisonment.

Attempt and Complicity

Attempted murder or premeditated murder is punishable by the same penalty as if the felony had been completed. Likewise, an accomplice is liable to the same penalties as the perpetrator.

Your Criminal Defense with Maître Lois Pamela LESOT

Are you a victim or accused in a murder or premeditated murder case?
Consult a lawyer: Maître Lois Pamela LESOT – 06.52.02.54.42 – lesot@loispamelalesot.com

The firm regularly assists and represents both victims and persons accused in murder or premeditated murder cases, as well as in relation to all types of criminal offences, including rape or abuse of vulnerability.

If you wish to file a criminal complaint regarding murder or premeditated murder, you can consult this article.
If you are accused of murder or premeditated murder, you can prepare for police custody by consulting this article and for a voluntary interview by consulting this article.

Article date: 20 July 2023 | By Lois Pamela LESOT