TCK Article 81-84: Various cases and penalties of the crime of intentional homicide.
Penalties
- Simple intentional homicide: life imprisonment
- Aggravated life imprisonment: child, spouse, public official, premeditated, etc.
- Manslaughter by negligence (Article 85): 2-6 years, for conscious negligence. increases
Aggravating Circumstances (Art. 82)
- By design (premeditated)
- Against spouse, sibling, superiors and descendants
- Due to duty against a public official
- Against children
- Dangerous methods such as fire and flood
Reasons for Discount
- Custom murder with motive: additional penalty
- Unfair provocation (m.29)
- Exceeding the limit in legitimate defense (m.27)
Supreme Court 1. CD
1. CD accepts that the "premeditated" condition in intentional killing must be proven with concrete evidence, and that a mere allegation will not be sufficient.
Criminal defense is a must.