Murder, types of murder and punishment related to each

What is the crime of murder and what are the types and punishments

 

Murder or killing means taking a human life without a legal order and against the law. Taking the life of a human being can have different types and motives, which we will fully explain in the following

Murder - Ali Mohsenzadeh Law Office
Murder – Ali Mohsenzadeh Law Office

                                            Types of murder    

Conscious murder

If a person kills and takes someone’s life with a previous motive and intention, he has committed premeditated murder, even if the action that the mystics take causes the person to be killed or not, for example, a person with the intention of killing another person causes him to be hit. And cut off his hand or finger and do not kill the person, although this action does not normally cause the loss and killing of anyone, but if the person is killed due to severe bleeding, in this case, because the person with such a previous intention commits such an act Has been called a murderer

If a person does not have the intention to kill but commits an act that causes the murder of another person, for example, he jokes with another person with a knife and commits murder with it, although this act had no previous intention, but the perpetrator The murder is premeditated

In the third case, if the person has neither the intention nor the intention to commit murder, nor the action that he commits, according to custom, he causes murder, but the victim has special conditions such as old age, having a special disease, and so on

And is traditionally considered murder if the assailant is fully aware of the other person’s specific circumstances and is proven to have been aware of it. In this case, the murder is intentional, but if it is proven that the person is of the circumstances The victim did not know that in this case, the murder is considered as unintentional murder

What is the punishment for premeditated murder in law

Premeditated murder is punishable by retaliation, ie the relatives of the victim, ie the heirs of the victim, except the husband and wife can legally request retribution for the killer and execute the killer, otherwise the parents can request the payment of ransom To do
And if a person commits murder but retaliation is not carried out, in addition to paying the ransom, he is sentenced to 3 to 10 years in prison

What is the amount of blood money according to the law of 1399

The rate of Diyat, which was announced by Gholam Hossein Esmaili (spokesman of the Judiciary) in March 1998, is 330 million Tomans in the normal months of the year and 440 million Tomans in the forbidden months, which is an increase of 20% compared to last year

What are the forbidden months of the year that include the increase in the rate of blood money

Haram months include 4 lunar months, which are Muharram, Rajab, Dhi Al-Qaeda and Dhi Al-Hijjah, respectively

The diyat of the forbidden month is equal to the amount of the diyat in the normal months, plus one third of it, which in total determines the diyat of the forbidden month

Unintentional murder

A vow that is done without previous motive and intention and the killer does not aim to kill his opponent is called unintentional
Unintentional homicide itself is divided into two groups: quasi-intentional and pure error, each of which we will briefly explain

Quasi-premeditated murder

This type of murder occurs in such a way that a person does not intend to kill another person, but does something that is not normally deadly, but causes the death of another person, for example, while driving, a person has an accident and the person Kills another, as it has been said that a person does not intend to kill anyone from the beginning, and his action, ie driving, is not a practical practice to kill, and in the term of his action is not deadly, but the driver due to mistakes such as speeding Or other mistakes while driving cause the death of another person, which is called quasi-intentional murder

Murder - Ali Mohsen zadeh Law Office
Murder – Ali Mohsen zadeh Law Office

But another case of quasi-premeditated murder occurs if the person is unaware of a matter in such a way that the person has no previous intention to kill someone and the act he commits is not a fatal act from a customary point of view, but He is unaware of a subject and has made a mistake, for example, he has mistaken an object for a human being, in which case his murder is unintentional and of a quasi-intentional type

The third case of quasi-premeditated murder is that, as in the previous cases, the person does not intend to kill and his action is not fatal, but the person kills due to carelessness, non-observance of laws and regulations, and 2 other people who have no intention Killing his act is considered unintentional

What is the punishment for manslaughter in law

As mentioned in the above cases, in this type of murder, due to lack of previous intentions, he is not subject to retribution, but due to killing another person unintentionally, a ransom is given to him and the killer is required to pay a ransom
It should be noted that in many crimes, such as murder while driving and… in addition to blood money, imprisonment is added to the amount of punishment, the type and amount of which depends on the opinion of the court and judge

Murder is a mistake

Murder is a pure mistake as well as quasi-intentional and it happens if a person without killing has no previous motive and plan and without doing something that in the customary view of society causes killing and due to a mistake and error, takes a human life

According to Article 292 of the Constitution, the murder of pure error has one of the following three conditions

1_When the act of killing and murder occurs in a state of sleep or anesthesia or a state like this, in these cases if a murder occurs with the opinion of the judge and proving that the killer is not aware of his action, this action will be a pure error
2_Murder that occurs by a minor or insane, and minor means people who have not reached the age of legal maturity, which is legal maturity for 9-year-old girls and 15-year-old boys, and means killing in insanity a person who is not normal. And he has mental disorders and can not distinguish between good and bad

In the third case, the error occurs but not with the intention of killing another human, such as a hunter goes hunting and starts shooting, but not with the intention of killing a human, but for various reasons and lack of awareness. He hits a human with one of the bullets and kills him, which causes him to be killed by a mistake

Punishment of sheer error

It is worth mentioning that the act of murder is a pure mistake for the reasons stated and according to the rules set for it, it is only subject to the payment of diyat and does not include retribution
In the event that the act of killing takes place by a minor, the payment of diyat is the responsibility of the relative male sages. Which can be inherited at the time of death, but the payment of diyat by the wise is also required for the person to be mature and have financial ability

But the question arises that if the wise man is not able to pay the blood money, how will the blood money of the killed person be paid

If the wise person does not have the financial ability to pay the diyat, the payment of the diyat is the responsibility of the person himself, and if the person himself is not able to pay it, the amount of the diyat will be paid to the deceased family from the treasury

17 August 2020
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