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6. Offences against a human being
 
  Article 49-Offences causing death  
49.1 Homicide  
  Homicide is the causing of death to one or more persons. For the purpose of the Criminal Code, Homicide is further defined into only three possible classifications- murder, criminally negligent homicide (or manslaughter) and justifiable homicide.  
49.2 Murder  
  Murder is the causing of the death of another human being, without lawful excuse, with intent to kill or with an intent to cause grievous bodily harm.
 
 
 Primary Fact(s)
 1. That the person(s) are deceased.
 2. That the actions of the accused contributed to the death(s).
 3. That the actions of the accused were done with the intent to cause death or grievous harm;
 
 
 Penalty Conditions (Level 5-Crime)
Type
Condition(s)
1-3
a) if committed with the intent to inflict grievous bodily harm to a person;
4-6
a) if committed out of mercenary motives by hire,
b) if attended by robbery with violence, racketeering, or banditry;
 
 
 Penalty Conditions (Level 6-Crime)
Type
Condition(s)
1-3
a) if committed by reason of national, racial, or religious hatred, or enmity or blood feud;
b) if committed for the purpose of obtaining the organs or tissues of the victim;
c) of a woman who is known by the killer to be in a state of pregnancy;
d) of a person who is known by the killer to be helpless state, and also murder attended by the kidnapping of a person or the seizure of a hostage;
4-6
a) if committed with especial cruelty;
b) if involving murder of two or more persons;
c) if committed with the purpose of concealing another crime;
d) if murder attended by rape or violent sexual actions;
e) of a person employed in law enforcement in connection to their line of duty;
 
49.3 Criminally negligent homicide  
  Criminally negligent homicide is the causing of the death of another human being with no intention to kill or cause serious injury.
 
 
 Primary Fact(s)
 1. That the person(s) are deceased.
 2. That the actions of the accused contributed to the death(s).
 3. That the actions of the accused were not done with the intent to cause death or grievous harm;
 
 
 Penalty Conditions (Level 4-Crime)
Type
Condition(s)
1-3
a) if committed by a driver as a result of a motor vehicle accident;
b) if owing to the general improper discharge by a person in the medical profession of their professional duties;

4-6
a) if committed by a mother of her newborn child in a mentally traumatizing situation or in a state of mental disorder;
b) if owing to the performance of an unlicensed abortion;
c) if owing to the deliberate abandoning without aid of person who is in a state of danger to human life or health and who is deprived of the possibility of taking measures towards their self-preservation;
d) if committed in a state of sudden strong mental agitation, cause by other unlawful or amoral actions (inaction) of the victim;
e) if committed in a state of sudden strong mental agitation, cause by a protracted mentally traumatizing situation caused in connection with the systematic unlawful or amoral behavior of the victim.
f) if owing to the performance of an unlicensed abortion;
g) if owing to the operation of machinery by a licensed operator;
 
 
 Penalty Conditions (Level 5-Crime)
Type
Condition(s)
1-3
a) if committed by a mother of her newborn child during or immediately after childbirth;
b) if committed by a driver as a result of a motor vehicle accident, while under the influence of alcohol or drugs;
c) if committed by a person previously convicted of an unlicensed abortion;
d) if committed in a state of sudden strong mental agitation, caused by violence, mockery, or gross insult on the part of the victim;
e) if owing to the general improper discharge by a person of their professional duties;
4-6
a) if owing to the failure to render aid to a sick person without valid reasons, by a person who is duty-bound to render it;
b) if owing to the operation of machinery by an unlicensed operator;
c) if owing to the incitement of a person to commit or attempt to commit suicide by means of threats, cruel treatment of a person or systematic denigration of the human dignity of the victim;
 
49.4 Justifiable homicide  
  Justifiable homicide is the causing of the death of another human being, with lawful excuse.  
 
 Primary Fact(s)
 1. That the person(s) are deceased.
 2. That the actions of the accused contributed to the death(s).
 3. That the actions of the accused were lawfully justifiable.
 
 
 Penalty Conditions (Level 2-Crime)
Type
Condition(s)
1-4
a) if committed in the defence of one's own life in one's own home against an armed intruder;
b) if committed in the defence of the life of one's own children in one's own home against an armed attacker;
4-6
a) if committed in the defence of one's own life in one's own place of work against an armed intruder;
b) if committed in the defence of the life of one's own children against an armed attacker;
 
 
 Penalty Conditions (Level 3-Crime)
Type
Condition(s)
1-3
a) if committed in the defence of a threatened life in one's own place of work against an armed intruder;
4-6
a) if committed in the defence of a imminently threatened life against an armed attacker;
 
     
 
 

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