Legal Definitions - homicidium

Homicidium refers to the killing of one human being by another.

This broad term encompasses various circumstances under which a death may occur, ranging from accidental to intentional acts, and can be further categorized based on the specific legal context and intent involved.

• Homicidium ex casu

  This term describes a killing that occurs purely by accident, without any intent to harm or kill, and typically without significant negligence that would lead to criminal charges.

  • Example 1: A driver is operating their vehicle safely when a deer suddenly leaps onto the road, causing them to swerve violently, lose control, and unintentionally strike a pedestrian on the sidewalk, resulting in the pedestrian's death.

    Explanation: The driver had no intention to harm anyone and was driving responsibly. The fatal outcome was an unforeseen and unavoidable accident caused by an external factor.

  • Example 2: During a severe storm, a tree branch unexpectedly breaks off and falls onto a power line, causing a live wire to snap and fatally electrocute a passerby. The power company had recently inspected the lines and trees, finding no defects.

    Explanation: The death was an unfortunate and unforeseeable accident, not the result of negligence or intent by any human actor.

• Homicidium ex justitia

  This refers to a killing that is carried out in the lawful administration of justice, meaning it is legally sanctioned and performed by an authorized agent of the state.

  • Example 1: A convicted criminal, after exhausting all appeals for a capital offense, is executed by the state in accordance with a legally issued death warrant.

    Explanation: The death is a direct result of a legal sentence being carried out by the state's authority.

  • Example 2: A police officer, responding to an active shooter situation, uses lethal force to neutralize a suspect who is actively firing upon innocent civilians, thereby preventing further loss of life.

    Explanation: The officer's action, if deemed necessary and within legal guidelines to protect others, is considered a lawful killing in the administration of justice.

• Homicidium ex necessitate

  This describes a killing committed out of an inevitable necessity, typically to protect one's own life, the life of another, or sometimes property, when faced with an immediate and severe threat.

  • Example 1: A homeowner is confronted by an armed intruder who has broken into their house and is threatening their family. The homeowner, fearing for their lives, uses a legally owned firearm to fatally wound the intruder.

    Explanation: The homeowner's action is considered necessary to prevent serious harm or death to themselves and their family.

  • Example 2: A person is walking down the street when they are suddenly attacked by a stranger wielding a knife. In the struggle, the person manages to disarm the attacker and, in a desperate act of self-preservation, uses the knife to fatally wound the assailant.

    Explanation: The killing occurred out of an immediate and unavoidable need to defend oneself from a deadly threat.

• Homicidium ex voluntate

  This term refers to a voluntary or willful killing, meaning the act was intentional and deliberate. This category typically encompasses criminal homicide, such as murder.

  • Example 1: A person, harboring a long-standing grudge against a former business partner, meticulously plans and carries out their assassination, ensuring the partner's death.

    Explanation: The killing was a premeditated and intentional act, demonstrating a clear will to cause death.

  • Example 2: During a heated argument, one individual grabs a heavy object and intentionally strikes another person on the head with significant force, resulting in their death.

    Explanation: Although perhaps not premeditated, the act of striking with intent to cause serious harm or death makes this a willful killing.

• Homicidium in rixa

  This specific term, originating from Scots law, refers to a killing that occurs during the course of a brawl or fight. It implies that while the death was a result of the altercation, there was no prior intent or malice aforethought to kill the person.

  • Example 1: Two individuals get into an unplanned street fight after a minor dispute. In the chaos, one person delivers a punch that causes the other to fall, hit their head on the pavement, and die. There was no prior intention to kill.

    Explanation: The death occurred during a spontaneous fight, without the deliberate planning or malice typically associated with murder, but still as a direct result of the physical altercation.

  • Example 2: At a crowded party, a verbal disagreement escalates into a physical altercation involving several people. Amidst the pushing and shoving, one participant is inadvertently pushed down a flight of stairs by another, sustaining fatal injuries.

    Explanation: The killing happened within the context of an unplanned brawl, where the intent was to fight, not necessarily to cause death, but the actions led to a fatal outcome.