What is the difference between murder and murder

The murder according to § 211 StGB: When does a manslaughter become a murderer?

As Lust or woman murderer he went down in history after he brutally murdered six prostitutes in London at the end of the 19th century: Jack the Ripper. He was never caught. But his legend survived the centuries and found its way into various films that staged the dark alleys of the British city and thus kept the dangerous mystery alive.

When it comes to the subject of “murder”, there is usually one in the public perception Walking the tightrope between fascination and pure horror instead of. Out of a thirst for knowledge, the population eagerly pursues spectacular murder cases and searches newspaper articles in search of the latest successes in the investigation of a killer. On the other hand, the human abysses that open up are also a deterrent. This is how one nests diffuse fear into the thoughts of those interested, which is always particularly oppressive when they pass lonely streets at night.

Attracted by the bloody details published for media use and the catchphrase "murder", there are certainly few who deal with the fundamental questions of such crimes: What is murder by criminal code and where is it Difference between murder and manslaughter?

The following guide cannot help shed light on the crimes of the fabled character of Jack the Ripper, but it does address them in detail general questions of understanding about murder, an important basis for being able to better understand what makes a person a murderer in German criminal law.

FAQ: murder

When is it a murder?

Here you can read which characteristics must be fulfilled in order for it to be a murder.

How is a murder punished?

Anyone who commits murder receives life imprisonment. A lower sentence is not provided.

Can a murder become statute-barred?

No. According to Section 78 (2) of the Criminal Code, the crime of murder never expires in Germany. This has been true since 1979.

No murder without a special feature - A definition

The term “murderer” is mostly used in the general understanding highly emotionally charged. It is a denunciation that weighs heavily and looks like a burn mark. The special one Emotional excitement of those affected and an outsider is often an expression of boundless bewilderment in the face of an act that takes someone's life.

But if you take a closer look at this crime, the Affectivity Above all, it can also be traced back to what characterizes every perpetrator who commits a murder: the Realization of one of the legally determined features of murder.

In Section 211 of the Criminal Code (StGB) defines what a murder is and how it is punished. An important starting point for the classification of such a crime are the so-called murder features. If one of these elements can be proven to the perpetrator, the basic requirement, which is laid down in the criminal code for the murder, is fulfilled. The act can then be punished with the help of the law, with a life imprisonment as punishment for murder.

The characteristics of the murder: definitions of the individual criteria

The features of murder anchored in German law point to one long tradition back. Because already In 1871 the murder in the StGB was over the mark of consideration Are defined. In the current version, this singular element is one Triad which goes back to a Swiss preliminary draft.

Since 1941 will the murder im Paragraph 211 in paragraph 2 therefore through various characteristics which all express the reprehensibility, the dangerousness and the disproportion between means and ends.

Category 1: Reprehensible

A perpetrator always commits murder when he's out low motives take another person's life. In the legal text you can find three criteriawhere this reprehensibility is inevitable.

In the lust for murder is that Death of the victim's only purpose indeed. The perpetrator's only concern is to see a man or a woman die. Besides, it's a murder if they Killing for showing off happens or one nervous stimulation generated. Even sporting pleasure or such an act to pass the time clearly show a lust for murder.

The intent of the perpetrator thus relates to the act of killing itself, while neither the person of the victim nor the factual situation have any cause.

  • Satisfaction of the sexual instinct

There is always a murder by law if the act of killing is to the perpetrator sexual fulfillment serves or he himself perish on the corpse want. The Federal Court of Justice (BGH) also assumes a murder if the perpetrator rapes a victim and death as a result of his attack at least approvingly accepts the attacked person.

A murder to satisfy the sexual instinct is also to be affirmed if the perpetrator is while watching a videoshowing his act of killing feels sexually stimulated.

When a Pursuit of profit Assumes such exaggerated dimensions that in case of doubt, too Human life for an increase in wealth are sacrificed, it is greed-based murder. A is recorded here Desires for material goods and benefits, which shows a considerable lack of inhibition and recklessness.

A typical example here would be the Robbery, in which the criminal commits a killing, in order to subsequently To steal valuables or the like. Greed is also the basis of actions aimed at obtaining an inheritance or the payment of a life insurance policy.

Desired increases in wealth fulfill the criterion of greed as well as prevented loss of assets. This constellation can be found again, for example, when a father commits the murder of his child or his divorced wife in order to save himself from those who burden him Exempt child support.

A delinquent kills one Debtor who refuses outstanding payments, it is not a murder out of greed. Because there always has to be a immediate wealth increase caused or at least a prospect of it being created.

  • Other low motives

This group includes all those motives that are at the lowest level in terms of general moral evaluation, unrestrained selfishness have and as particularly despicable are to be seen.

As low motives therefore come among other things Revenge or jealousy, anger as well as selfish motives that inhuman views express in question. Hatred of foreigners, which usually leads to investigations by the state security, also belongs to this category.

For example, a particularly selfish motive is when a criminal kills another person in order to then to be counted as dead himself and thus a new identity to be able to accept.

If the murder reveals several motives, legal becomes one of them Motif bundle spoken, an overall assessment of the act is to be made. It is crucial for the murder to be punished as such by judgment Dominance of the murder trait. This must be proven to the criminal as the main driving force behind the trade.

The perpetrator is himself always fully aware of low motives. If he committed the act with a strong emotion such as anger, then he must have been able to do it control emotional upsurge. Emotional killings are usually the criminal offense of Manslaughter Application.

Category 2: Execution of the offense

The reprehensibility inherent in murder can also be found in the Offense reflect yourself. Overall, this can be three variants distinguish.

A criminal goes to work insidiously when he does Innocence and defenselessness exploited his victim for an act of killing. Innocence is characterized by the fact that the person concerned no attack on their body or physical integrity provides, so feel safe.

The innocence is a conscious sensation that a comatose patient for example, can not have. But be careful: It is different with Sleeping. These take theirs Innocence, so to speak, into sleep.

Defenselessness builds on innocence. It means that the attacked person is unable to defend himself. In addition to the willful abuse of both conditions, a murderer is also through one hostile intent marked. For example, if a nurse injects a deadly poison into a seriously ill patient to relieve him of his suffering, there is no such poison Pity killing just because of a negative attitude.

Murderous acts are to be regarded as cruel, in which the victim particular pain or agony be prepared either physically or mentally. This harassment has to take place before death occurs and thus Part of the crime be.

This form of commission is also to be realized by omissionby starving or dying of thirst by the criminal.

Funds that are dangerous to the public are used to create a kill as many people as possible. These are means whose mode of action cannot be completely controlled by the perpetrator, as is the case with Hand grenades, Machine guns or Incendiary bottles the case is. Many assassins use such methods of inspection, which is why an effective and, above all, preventive fight against terrorism by the police and other state organs is essential.

Category 3: reprehensible objective

After all, killing is always criminalized as murder if one reprehensible objective is present. This is related to another offense, which reveals the reprehensible degree of the perpetrator.

The killing aims at one other offense (an administrative offense is not sufficient) to prepare the way. The act and purpose of the crime must be final, i.e. directly linked. Whether the second crime is actually carried out is irrelevant, it is only important that the Murder the prerequisites for it created.

  • Covering up another crime

This variant is usually about Witness to a predicate offense close. This preceding offense does not necessarily have to have been committed by the murderer. It is also possible that another criminal should be protected.

Basically, the delinquent is pursuing the goal of himself or someone else protect from prosecution. This can also be done, among other things, in that Persecutor killed who could otherwise identify the perpetrator.

After all, it is a murderous act of killing if the perpetrator commits the offense in the belief that it is a result of it other offenses or crimes faster or easier to be able to commit.

When does murder become statute-barred?

As has already been described, murder is an act that is characterized by her high degree of reprehensibility and misanthropy excels. The perpetrator extinguishes human life, so his actions are irreversible. Hence, for many the question arises how it is in the case of murder with the statute of limitations looks like. After all, this would offer such a criminal the possibility, after a correspondingly long delay to get away with impunity.

Since that with the general Moral understanding is not to be reconciled, sees the legislature no statute of limitations for the murder in front. This is regulated in Section 78 (2) of the Criminal Code.

The Special position of murder with regard to the usually applicable statute of limitations exists in this form only since 1979. Before that, there was one more for the murder 20 and later 30 years period intended. The starting point for the lifting of the deadlines was the need to be able to further atone for previously unpunished National Socialist acts of right-wing extremism.

Murders in Germany: Findings from the murder statistics

Time and again, German newspaper articles and news reports about brutal murders and serial killers ensure Feeling of insecurity and defenselessness in the population. But a look into the Murder statistics for Germany can calm down, because in the years from 2000 to 2015 the number of murder victims fell almost continuously in Germany (2000: 497; 2015: 296).

In addition, the Clearance rate average at over 90 percent. This means that in the vast majority of the cases recorded, a suspect with sufficient suspicion was identified.

Even if violent crimes happen in this country, they are not the order of the day, so Germany is by no means among the 20 most dangerous countries in the world counts. While the worldwide homicide rate at 6.2 per 100,000 inhabitants, it is in the Federal Republic 2.6.

To understand these and similar statistics, it is important to look at the Difference between murder and manslaughter to make aware. Because the number of victims of manslaughter or killing on demand amounts to in 2015 1,680 peopleSo that's a lot more than in the case of murder.

What is the difference between murder and manslaughter?

The close connection between murder and manslaughter is already evident when reading the text of the law, because in Section 212 on manslaughter is it [called:

Anyone who kills a person without being a murderer is punished as a manslaughter with imprisonment for no less than five years.

Although both did that deliberate and willful killing another person, they are fundamentally different from each other. The decisive factors for this are Homicidal traits. As soon as an offender exhibits one of these characteristics, manslaughter can no longer be involved.

Both murder and manslaughter are involved Intentexecuted, negligent inspection variants do not exist. A non-deliberate homicide is at most from the criminal offense of negligent homicide according to § 222 StGB detected. A typical example of this is a car driver who drives past a school at high speed and in the process involves a child crossing the street in a fatal accident. The driver was not acting willfully here. He took that Death of other road users, however, approvingly in purchaseby traveling at increased speed and neglecting traffic safety.

With regard to the Proportionality of both crimes there are disagreements in jurisprudence. In principle, a distinction can be made between two bearings:

  • Murder and manslaughter are respectively self-employed Offenses
  • Murder is that qualification of manslaughter

Viewed from the first-mentioned perspective, they are Features of murder as criteria justifying the punishment to watch. It is argued that the perpetrator of a murder does not have more guilt than manslaughter, but only one other offense met with its specific characteristics.

In contrast, followers of qualification theory consider the Manslaughter as a basic offense and see in the Murder characteristics aggravating circumstances. After all, these are special modalities that make the only difference between murder and manslaughter, which is why the two offenses should not be strictly separated from one another, but rather should be understood in terms of their respective relation to one another.

What unites both sides of the argument is that Reference to the murder features as the main point of differentiation between both crimes.

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The murder according to § 211 StGB: When does a manslaughter become a murderer?
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