A murder is the deliberate killing of another humans under special circumstances. These circumstances can be differently described in each legal order. Frequent characteristic of a murder is a special motive, the Hinterlist or a well-planned procedure. Beside the killing is necessary for the classification of an act as murder thus usually still another further circumstance. Murder belongs to the criminal offences against the life.

The colloquial language does not differentiate always accurately between murder and homicide or other "Murder and homicide "is a common phrase; it is used however in the meantime more than ironical rewriting for unordered conditions. The fact that an accurate description of term is missing is already because of the different rewriting of the murder characteristics in the juridical systems of the states. By the influence from detective stories and police series the term became rather still more indistinct generally linguistic usage.

The marking of an action as murder is used in political arguments for the expression of special ignoring: Sometimes abortion opponents, and Pazifisten use the term beyond the legal meaning, in order to lift thereby the despicableness out of the complained of killings existing according to their opinion clear.

Occasionally even the negligent killing can be misunderstood as murder, particularly in in which hushing up the act is represented broadly by the author, without the punishment at the end comes still to the language.

Term

The designation murder developed from the Indogermani *mer (this word form is extrapolates, is not there Indogermani not delivered). The German term murder is therefore no leaning word of latin mors (death), but exhibits with this common origins. Also the Greek term [brotos] (mortally) points purchases out by the sound shift for origin. OldGermanic already the actionaction action is delivered as murdan. The gothical "is therefore origin both the German word murder and the English more murder (here gothical form which can be counted is linguistically closely delivered more morther) from the old English to. The term "of the murder "in its current way of writing emerges 1224 in the Treuga Henrici.

Sociology

All states, societies and religions condemn the killing of humans generally case, differentiate however according to the circumstances and make exceptions. The qualification of an actact act at humans as murder is connected to the subject of violent emotional arguments with a strong Ausgrenzung of the author from the respective community and therefore often.

Murder is a relatively rare crime. In the year 2003 in Germany (old Lands of the Federal Republic) 215 persons were condemned because of tried or completed murder.

Quite

Right-historical view

The right-historical development ties to the archaischen excessive quantities from the Codex Hammurapi and to the Bible. Common principle is thereby that or the Talion. Death is punished with the death of the author. A resort to resolution rules is not made yet. The transition from the kinship to the social term of the murder becomes impressively evident to the Lex Numae 16: Who kills free humans, is to be punished like a relative murderer (around 600 v. Chr.).

In the laterepublican time of Rome (100 v. Chr.) the sullanische legislation shows first staggerings of moral factsfacts facts, i.e. the poison murder (veneficium) and the force murder (sicarium). In the regency of the emperor Hadrian subjective characteristics become later like the premeditation (propositum) and the affect (impetus) decisive. These approximately 2000 years old development today still in the bibliography one after-draws.

The Germanic legal doctrine developed the dichotomy of murder and homicide. The murder as term designated generally first the killing of another. To in 12. Century inside became the authors only a gradated "who money "(ahd. who man, humans; lat. vir man) demands. Who wolf (the word component "wolf "leads itself from the Germanic "vargr "off, which could mean both "wolf "and "outlawed ") in the pre-Christian-Germanic tradition an author was called, whose act with the legal consequence of the Friedlosigkeit was punished. It became thereby an outlawed and a no more to the kinship bound humans, who will kill from everyone were allowed; this death penalty-similar sanction also found - from today's viewpoint - as for instance Eigentumsdelikten application to marginaleren offenses.

In the high Middle Ages the murder applied as concealed killing, whereby the author hid the corpse for covering the act. This characteristic appears this very day in the murder facts of the penal code.

With the outgoing Middle Ages the Roman teachings again, so that murder finally in the neck rules of the court emperor Karls V. (Constitutio Criminalis Carolina [kind 134, 137 CCC]) as killing with premeditation appeared rezipiert. Mentioned the there "fursetz "was not the resolution, but the premeditation.

This regulation continued over the Prussian general Landrecht away into the penal code north Germans of the federation by consideration "). In the realm penal code reads "§ the 211 then: "Who kills deliberately humans, if he implemented the killing with consideration, because of murder punished with death. "Only 1941 were changed this regulation by the National Socialist regime with the today's facts regulation (original Swiss a development under Carl Stooss).

1969 decided the large coalition in the German Bundestag a law change, after which genocide does not fall under the statute of limitations and to murder at all after 30 years. 1979 were completely abolished the for murder. Cause was in each case the threatening of acts, which had been committed during the third realm.

Normative basis in Germany

Wording

"§ 211 of the penal code (StGB) of the Federal Republic of Germany reads:

(1) The murderer is punished with lifelong imprisonment.

(2) Murderer is, who

from murder desire, for the satisfaction of the sex impulse, from greed or otherwise from low motives,

insidiously or cruelly or also in common-dangerous means or

in order to make possible or cover another criminal offence,

humans kills.

Articles in category "Murder"

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