The second section of the Criminal Code of Ukraine covers criminal offenses against life and health; Articles 115 to 119 establish liability for different types of murder. Specifically, Article 115 addresses premeditated murder. Article 116 covers premeditated murder committed in a state of strong emotional distress. Article 117 outlines the liability for a mother who intentionally kills her newborn child. Article 118 sets the penalty for a person who commits premeditated murder while exceeding the limits of necessary defense or the measures required to detain a person who has committed an offense. Article 119 provides for liability for negligent homicide.
Premeditated Murder: What Does the Law Prescribe?
As mentioned, liability for premeditated murder is defined in Article 115 of the Code. Part one of the article stipulates a penalty of seven to fifteen years of imprisonment for the intentional, unlawful causing of another person’s death.
However, the second part of the article contains qualifying elements of premeditated murder, such as the murder of: two or more people; a minor child or a woman known by the perpetrator to be pregnant; a hostage or a kidnapped person; committed with particular cruelty; committed in a manner dangerous to the lives of many people; motivated by personal gain or hooliganism; a person or their close relative in connection with that person’s performance of official or civic duty; with the intent to conceal another criminal offense; combined with rape or sexual assault; a contract killing; committed by a group of persons by prior conspiracy; committed by a person previously convicted of premeditated murder, except for murders specified in Articles 116-118 of the Code; committed on grounds of racial, national, or religious intolerance. A person found guilty of murder with one or more of these elements faces ten to fifteen years of imprisonment or life imprisonment. If motives for personal gain are present, confiscation of property is also provided as an additional penalty.
What is the Sentence for Negligent Homicide?
Negligent homicide is covered by Article 119 of the Criminal Code of Ukraine. The penalty is restriction of liberty for a term of three to five years or imprisonment for the same term. If the negligent homicide of two or more people occurs, the penalty will be imprisonment for a term of five to eight years.
In its consequences, negligent homicide does not differ from premeditated murder. However, this crime is considered separately due to the negligent form of guilt, which indicates a lesser social danger of the offender and their act compared to the same actions committed intentionally.
Liability for Incitement to Suicide
Although incitement to suicide is not murder in the direct sense, it still results in the loss of another person’s life due to the actions of the perpetrator. Liability for incitement to suicide is established in Article 120 of the Criminal Code of Ukraine. Part one prescribes restriction of liberty for up to three years or imprisonment for the same term for driving a person to suicide or attempted suicide as a result of cruel treatment, blackmail, systematic degradation of the victim’s human dignity, or systematic coercion to act against their will; directly inducing suicide; and other actions that contribute to the commission of suicide.
Part two specifies a sanction of restriction of liberty for up to five years or imprisonment for the same term for the actions listed in part one, but committed against a person who is materially or otherwise dependent on the perpetrator, or if there are two or more victims. However, if the actions specified in parts one and two are committed against a minor, the penalty will be imprisonment for a term of seven to ten years.
Death Threats: When Does Criminal Liability Arise?
Article 129 of the Code outlines the liability for a death threat: probation for up to two years or restriction of liberty for the same term. The same actions, if committed by a member of an organized group or motivated by racial, national, or religious intolerance, will result in imprisonment for a term of three to five years.
The crime is considered completed from the moment the threat is communicated to the victim. The threat can be expressed either directly to the victim or through third parties. A necessary condition is that the statement is addressed to a specific person, and that the victim has real grounds to fear the threat being carried out.
What Mitigating or Aggravating Circumstances Does the Court Consider?
Circumstances that mitigate and aggravate sentencing are prescribed in Articles 66 and 67 of the Criminal Code of Ukraine, respectively. The court considers all proven circumstances and, by analyzing them, imposes a punishment proportionate to the crime committed.
Mitigating circumstances include: a confession, sincere remorse, and active cooperation in solving the criminal offense; providing medical assistance to the victim immediately after the crime; the commission of a criminal offense by a minor or a pregnant woman; committing the offense due to difficult personal, family, or other circumstances; committing the crime under pressure, threat, or duress; committing the offense under the influence of strong emotional distress caused by cruel treatment or treatment that degrades a person’s honor and dignity, especially if it is systematic; exceeding the measures of extreme necessity.
In turn, aggravating circumstances include: the repeat commission of a crime by the offender; prior conspiracy by a group of persons; committing the offense on grounds of racial, national, or religious intolerance; committing the criminal offense in connection with the victim’s performance of their official or civic duty; committing the crime against an elderly person, a person with a disability, or a person in a helpless state; committing the crime against a woman known to be pregnant; committing the crime with particular cruelty; committing the crime in a manner dangerous to the public; the offense being committed by a person under the influence of alcohol, drugs, or other intoxicants.
Is It Possible to Get a Suspended Sentence for Murder?
Theoretically, it is possible to receive a suspended sentence for murder, but there are some nuances. The crime would have to be qualified not under the article for premeditated murder, but under a less severe one, for example, negligent homicide or murder committed in a state of strong emotional distress.
Article 75 of the Criminal Code states that the court may decide to grant release from serving a sentence if a sentence of restriction or deprivation of liberty for a term not exceeding five years is imposed. That is, if the article on premeditated murder provides for a sentence of 7 to 15 years, a suspended sentence is out of the question. However, if the case is qualified under Articles 116-119 and there are mitigating circumstances, it becomes possible to receive a suspended sentence, as in such cases the court has grounds to believe that the accused does not pose a significant danger to society.
What to Do If You Are Accused of Murder: Step-by-Step Actions
If you are accused of murder, you should contact a lawyer as soon as possible. Murder is a serious charge that carries a substantial prison sentence, up to life imprisonment. Therefore, the involvement of a professional lawyer from the very first investigative actions and interrogations will significantly simplify the subsequent process.
If you are in the presence of law enforcement officers before your lawyer arrives, even outside of formal investigative actions, remain silent. Do not provide any information, as you could inadvertently compromise yourself, even if you have done nothing illegal. Essentially, these are the most important tips on what to do and how to behave. Criminal law is a field where professional involvement is a key factor; otherwise, incorrect actions can have serious, life-altering consequences.
How Can a Lawyer Help in a Murder Case?
In a criminal case, particularly one involving murder, a lawyer can provide a wide range of services. Firstly, consultations, when a criminal case has already been initiated, but for some reason, the accused does not have a lawyer and their interests are not represented. The presence of a defense attorney during interrogations is also very important to ensure that this procedural action is conducted in accordance with the law and that law enforcement officers do not overstep their bounds. Of course, the lawyer will accompany the accused to investigative actions to protect their rights and interests.
By analyzing all case materials and evidence, the professional lawyers at the “Yevhen Stryzhak and Partners” Law Firm will build the most effective defense strategy to ensure the fullest and most comprehensive clarification of the case circumstances and the protection of their client.