{"id":1431,"date":"2023-07-20T15:10:57","date_gmt":"2023-07-20T13:10:57","guid":{"rendered":"https:\/\/www.loispamelalesot.com\/2023\/07\/20\/le-proxenetisme-copy\/"},"modified":"2024-07-03T11:41:21","modified_gmt":"2024-07-03T09:41:21","slug":"le-meurtre-et-l-assassinat","status":"publish","type":"post","link":"https:\/\/www.loispamelalesot.com\/en\/2023\/07\/20\/le-meurtre-et-l-assassinat\/","title":{"rendered":"Murder and Premeditated Murder"},"content":{"rendered":"
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Murder and Premeditated Murder<\/h1>\n<\/div><\/div>\n\n\n\n

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Murder, provided for and punishable under Article 221-1 of the French Criminal Code<\/a>, is defined as \u201cthe intentional killing of another person<\/em>\u201d.<\/p>\n\n\n\n

Murder is punishable by 30 years\u2019 imprisonment or, under certain circumstances, life imprisonment.<\/p>\n\n\n\n

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  1. The act of killing<\/strong><\/li>\n<\/ol>\n\n\n\n

    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).<\/p>\n\n\n\n

    Such positive act(s) must result in the death of another person. Taking one\u2019s own life \u2013 suicide \u2013 is, however, no longer a criminal offence.<\/p>\n\n\n\n

    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<\/a>.<\/p>\n\n\n\n

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    1. Intent to commit murder<\/strong><\/li>\n<\/ol>\n\n\n\n

      The perpetrator must have the intention to kill (animus necandi).<\/p>\n\n\n\n

      This homicidal intent may be inferred from the act committed, particularly from the weapon used, the part of the victim\u2019s body at which the blows were directed, and the force of those blows. <\/p>\n\n\n\n

      The motive, meaning the reasons underlying the intention to kill, is irrelevant.<\/p>\n\n\n\n

      The victim does not have to be specifically identified, and a mistake as to the victim\u2019s identity does not alter the legal classification of the offence: it is irrelevant that the perpetrator intended to kill someone else.<\/p>\n\n\n\n

      The victim\u2019s 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 \u2013 the distinction may be subtle).<\/p>\n\n\n\n


      Premeditated Murder<\/span><\/p>\n\n\n\n

      Premeditated murder, provided for and punishable under Article 221-3 of the French Criminal Code<\/a>, is defined as \u201cmurder committed with premeditation or by lying in wait<\/em>\u201d.<\/p>\n\n\n\n

      Premeditated murder is therefore murder committed with the aggravating circumstance of premeditation and\/or lying in wait:<\/p>\n\n\n\n