Murder is one of the most serious crimes and the Criminal Code treats it with extreme severity. If someone deliberately kills another person, he or she faces a long prison sentence, including exceptional penalties. However, “mere” attempted murder is punished just as severely. Why is this the case and what are the penalties for both variants of the offence?
Murder is defined under the Czech Criminal Code as the intentional killing of another person. The key element that distinguishes murder from other offences related to killing is the intent of the perpetrator. Murder occurs when a person acts with the direct intent to kill, or when he or she is aware that his or her actions will result in the death of the victim and nevertheless continues to do so.
Murder is therefore considered a deliberate crime, which distinguishes it from, for example, manslaughter, which may be the result of affect or a less intense intention on the part of the perpetrator. Intent is an important element that the courts examine carefully when assessing each case, as it determines the criminal classification of the offence.
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Murder and manslaughter are two different crimes, although both result in the death of a person. The fundamental difference between them is precisely the degree of intent of the perpetrator and the circumstances in which the death occurred. While murder is an intentional act with the aim of killing another person, manslaughter is usually unintentional or committed under special circumstances which weaken the will of the perpetrator.
Manslaughter often refers to situations where the perpetrator acts in a state of intense agitation or affect, such as under the influence of fear, anxiety or anger. This affect must be triggered by some intense stimulus usually associated with the victim (for example, in the case of an attack on a close person or in the case of prolonged abuse). In these cases, the court may find that the perpetrator did not have a fully conscious intention to kill, which leads to a mitigation of the sentence compared to murder.
However, an entirely different situation is the so-called necessary defence, which is considered to be a circumstance precluding unlawfulness. The act in question is therefore not considered a criminal offence at a certain point in time, although it may also result in, for example, death, bodily injury or damage to property.
Tip: You don’t always commit a crime when you act illegally. It’s not illegal to just punch someone, you’re committing a crime. However, if you punch someone because they threaten you with a knife in your hand, for example, you are likely to be acting in necessary self-defence. In our article, we will explain the concept of necessary defense in detail, giving its conditions and specific real-life examples.
The penalty for manslaughter is less severe than for murder and ranges from 3 to 10 years imprisonment. If the killing is committed in extremely mitigating circumstances, the sentence can be even lower. The difference between murder and manslaughter therefore lies primarily in the intent of the perpetrator and the situations that led to the act.
The Criminal Code knows several offences that result in the death of a person. In addition to ‘murder’ and ‘manslaughter’, these include ‘ negligenthomicide’ and ‘grievous bodily harm resulting in death’. Sometimes the line between the various offences is quite thin. Certainly, we can imagine an almost textbook case of murder, where, for example, a wife hides drugs in order to pour them into her unfaithful husband’s drink and thus get rid of him. But we have also encountered a situation in practice that was far from clear-cut. For example, when a drunk driver drove somewhat aggressively into a pedestrian crossing where a drunk pedestrian, Mr Robert, was also present at the time. The driver stopped and a violent argument between the two parties ensued, which led to a physical altercation. Unfortunately, however, at one point Mr Robert pulled out a knife and stabbed the driver with it. He then succumbed to his injuries. Many people would not have found the classic intent to murder here, as the people concerned did not even know each other and the whole situation took place very quickly, under the influence of strong emotions and alcohol. Nevertheless, the court found the act to be a crime of murder and sentenced the perpetrator to ten years’ imprisonment.
The punishment for murder in the Czech Republic depends on the gravity of the circumstances and the intent of the perpetrator. The basic penalty for murder is between 10 and 18 years imprisonment. This basic rate applies if the murder is without aggravating circumstances and is an “ordinary” intentional killing.
However, if the murder was committed in particularly serious circumstances, the sentence may be increased. In these cases, the penalty ranges between 15 and 20 years, and exceptional sentences, including life imprisonment, may even be imposed.
Exceptional punishment, especially life imprisonment, is imposed in cases where it is clear that the perpetrator poses an extreme danger to society, or where it is necessary to ensure maximum protection of society. The level of punishment therefore depends on the nature of the offence and its circumstances, with the courts always taking into account how the offence was committed and the offender’s motive.
Mitigating and aggravating circumstances play a key role in assessing the sentence for murder or attempted murder and can significantly affect the sentence imposed. Mitigating circumstances are those which may lead to a reduction in the sentence, while aggravating circumstances may increase the sentence.
Mitigating circumstances include, for example, the offender’s confession, his cooperation with the investigators or the fact that he committed the offence under the influence of a severe disturbance which was not of his own making. The offender’s previous unblemished life, his young age or his efforts to repair the damage caused by the offence may also be taken into account. Mitigating circumstances may lead to a reduction of the sentence within the prescribed rate, but may also lead to an exceptional reduction below the lower limit of the sentence.
On the other hand, aggravating circumstances such as the extreme brutality of the crime, the offender’s previous criminal record, murder committed against particularly vulnerable persons (such as children or the elderly) or murder for racial or religious reasons may lead to higher sentences. Aggravating circumstances can lead to exceptional sentences, including life imprisonment in some cases. Therefore, the court always examines the specific circumstances of the case to ensure that the punishment fits the seriousness of the crime.
Tip: A good defence and a focus on the mitigating circumstances of the crime can play a key role in criminal proceedings. In our next article, we look at mitigating circumstances in detail.
The so-called exceptional punishment represents the most severe possible sanction under criminal law. Exceptional punishments include imprisonment for more than 20 years, up to life imprisonment. However, this type of punishment is reserved only for the most serious cases where certain conditions are met, such as a particularly cruel or brutal execution of the murder, or if the murder was committed under aggravating circumstances that significantly increase the social danger of the crime.
A life sentence may be imposed in cases where the court assesses that the offender poses a continuing danger to society and that re-socialisation is not realistic. This is particularly the case where the perpetrator has acted in an exceptionally brutal manner, where the murder was motivated, for example, by racial hatred, or where the murder affected several victims.
When deciding on an exceptional sentence, the court examines not only the seriousness of the crime, but also the personality of the offender, his or her previous life and other circumstances that may influence the final verdict. Exceptional sentences are rarely given in the Czech Republic because very strict conditions must be met. This ensures that this type of punishment is only really used in extreme cases.
Attempted murder is considered to be almost as serious as murder itself, because the perpetrator acted with the intention of killing the victim, but his act was not completed – for example, due to the intervention of a third party, successful medical assistance or other circumstances beyond the perpetrator’s control. The Czech Criminal Code therefore assesses attempted murder very strictly, with criminal penalties essentially identical to those for completed murder.
Thus, the penalties for attempted murder range from 10 to 18 years’ imprisonment, unless there are aggravating circumstances. If circumstances are present that would lead to a more severe penalty for completed murder (for example, extreme brutality or the murder of more than one person), the penalty may again be increased to up to 20 years or an exceptional sentence.
Summary:
Attempted murder does not need to be completed to be prosecuted – the key is the intent of the perpetrator and their actions towards killing the victim. Courts take into account how the victim was endangered and the circumstances of the failure, which affects the specific sentence imposed. This principle helps to protect society from those who plan serious acts of violence, even if they have not been carried out.
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