Defense in homicide cases

Negligent homicide

In cases of intentional homicide, particularly murder and manslaughter, the perpetrator knowingly accepts the death of another person, is aware of it, or deliberately intends it. However, there are also cases in which a person dies as a result of another person's actions, without that person acting intentionally. In some instances, a brief moment of inattention—for example, in traffic—can be sufficient to make someone a suspect in criminal proceedings. In such cases, the perpetrator may be liable for negligent homicide under Section 222 of the German Criminal Code (StGB).

Areas where the charge of negligent homicide is particularly common include road traffic and professional life, especially among doctors or in the construction industry. Since a conviction can have far-reaching consequences, including those outside of criminal law, Follow Since this can lead to consequences such as the revocation of one's medical license or driver's license, an experience-based and specialized criminal defense is necessary.

Right to refuse to testify

First and foremost: If you are accused of negligent homicide, it is absolutely essential that you exercise your right to remain silent. Remaining silent, i.e., invoking your right to remain silent, is in every case the best course of action initially. Any statements you make regarding the incident or the charges against you could prove detrimental later in the criminal proceedings. This is especially true in cases involving crimes against life and limb. Stay calm and contact an experienced criminal defense lawyer. – This person will discuss the next steps with you and initiate all necessary procedures. 

Penalty

Negligent homicide is punishable under Section 222 of the German Criminal Code (StGB) with a Prison sentence of up to 5 years or with a fine punished. In any defense strategy, it will be particularly relevant to achieve a maximum sentence of two years' imprisonment. Then there is the possibility that the sentence might be reduced. suspended on probation can be. 

The statute of limitations for negligent homicide is generally five years according to Section 78 Paragraph 3 Number 4 of the German Criminal Code (StGB), although this period can be influenced by several factors. For example, the statute of limitations depends on the date of the first questioning of the accused, or it can change if an arrest warrant is issued. 

The offense of negligent homicide

The offense under Section 222 requires, objectively speaking, the killing of a human being. This must have occurred negligently. The complex question of distinguishing it from intentional homicide offenses, and thus in particular Murder and manslaughter, lies in the breach of duty of care. 

A fundamental distinction is made between conscious and unconscious negligence. Conscious negligence exists when someone commits a criminal act hoping that the unlawful consequence will not occur. Unconscious negligence, on the other hand, exists when someone unknowingly commits a criminal act, even though the specific person, due to their personal knowledge and abilities and the circumstances, would have been perfectly capable of recognizing this.

The respective duties of care that everyone must observe depend on the Due care required in traffic. It therefore depends on how a prudent and conscientious person would have behaved, considering the initial situation and the specific social role of the accused. Both legal regulations and non-legal guidelines are significant in this regard. If the required care is disregarded, there is an objective breach of the duty of care. It is also important that Special knowledge or skills The individual circumstances of each person must be taken into account when assessing the situation, which is why specific knowledge or skills must be accepted as evidence against them. Conversely, this does not mean that an accused or defendant can plead a lack of knowledge or skills that would actually be necessary for the action in question. 

Furthermore, the objective foreseeability of the outcome of the crime necessary. For the accused person, the actual situation must have provided cause and opportunity to recognize the concrete imminent outcome of the crime, i.e., the killing of a person. Furthermore, the outcome of the crime must be directly attributable to the breach of duty of care, i.e., it must be directly connected to it. objectively attributable This is not the case if the victim's death would have occurred with a high degree of probability even if due diligence had been exercised. Within this assessment, there are specific factors that must be considered.

From a subjective point of view, the question of a subjective breach of duty of care and the subjective foreseeability of the outcome of the crime of importance. This is assessed in relation to whether the accused, according to his individual knowledge and abilities, was able to fulfill his duty of care and foresee the consequences of his actions – or whether there were limitations.

Distinction from bodily harm resulting in death

The offense of negligent bodily harm must be distinguished from that of bodily harm resulting in death under Section 227 of the German Criminal Code (StGB). The latter applies when the perpetrator acted intentionally with regard to bodily harm, i.e., intended to inflict bodily harm on the victim, but the victim died as a result. The penalty for bodily harm resulting in death starts at three years' imprisonment. In less serious cases, the penalty ranges from one to ten years' imprisonment, according to Section 227, Paragraph 2 of the German Criminal Code (StGB).

Criminal defense 

Should you or a relative be accused of negligent homicide, the lawyers in our office will gladly assist you with your defense. This will involve developing the right defense strategy for your case and exhausting all possible avenues.

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