Qualified manslaughter is a special form of manslaughter. Qualified manslaughter occurs when a person kills another person in order to conceal or facilitate the commission of a crime. In principle, qualified manslaughter is punishable by life imprisonment or a temporary sentence not exceeding 30 years or a fifth category fine (€103,000).
What does the article of law say regarding aggravated manslaughter?
The law article criminalizing aggravated manslaughter, Article 288 of the Penal Code, reads as follows:
'Manslaughter followed, accompanied or preceded by a criminal offense and committed with the intent to prepare or facilitate the performance of that offense, or, upon being caught committing it, to secure to oneself or other participants in that offense either impunity or the possession of the unlawfully obtained property, shall be punishable by life imprisonment or temporary imprisonment for a term not exceeding thirty years or a fifth category fine.'
What penalties can be imposed in cases of aggravated manslaughter?
It is up to the judge to judge whether a criminal offense has been committed. If this is found to be the case, the judge will consider all the circumstances of the case in determining what punishment is appropriate and necessary. A defendant's personal circumstances are also important. The attorneys at Kötter, L'Homme & Plasman Lawyers ensure that these circumstances are properly presented to the judge. The maximum prison sentence that can be imposed for aggravated manslaughter is a life sentence or a temporary one not exceeding thirty years. However, the maximum prison sentence is by no means always imposed.
An attorney from Kötter, L'Homme & Plasman Attorneys at Law can play an important role in a case of suspected aggravated manslaughter. For example, one of our lawyers can point out to the judge that there is too little evidence. In that case, acquittal should follow. Sometimes it happens that a defendant has confessed to a criminal offense. In that case, a lawyer from Kötter, L'Homme & Plasman Advocaten can provide circumstances why a low(er) sentence should follow.
Is attempted qualified manslaughter punishable?
Attempted qualified manslaughter may also be punishable. It follows from Article 45 Criminal Code that an attempt to commit a crime is punishable, but there must have been a beginning of execution of the crime. The answer to whether there was a beginning of execution depends on the facts and circumstances of the case. Case law shows that what is important here is how close a defendant's conduct is to the completion of an intended crime.
In addition, a person must have actually intended to commit aggravated manslaughter. In criminal law, this is also called (conditional) intent. (Conditional) intent exists if a defendant has knowingly accepted the substantial probability that the consequence mentioned in the penalty provision will occur.
A lower maximum prison sentence applies to attempted aggravated manslaughter than to completed aggravated manslaughter. This is because the maximum prison sentence for an attempt is reduced by 1/3 of the maximum prison sentence for the completed crime.
Exoneration for (attempted) aggravated manslaughter?
With regularity, suspects are acquitted of this crime. An example is shown below.
The judge acquitted the defendant because "it cannot be legally and convincingly proven that the defendant committed the charges.
Need a lawyer for (attempted) aggravated manslaughter?
The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced criminal law specialists and can assist you the moment you are suspected of (attempted) aggravated manslaughter. Our attorneys will discuss with you the criminal case file and, together with you, determine a strategy to achieve the success you desire. However, it is good for you to know that our attorneys do not sugarcoat your case; we provide sound, honest and sincere advice. Should you need to appear in court, they will carefully prepare you for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will ensure that you are represented in the best possible way during the hearing.
If you have any questions about this, please feel free to contact our office. You can email info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us via our emergency phone number 06-24428734.
Our attorneys frequently act in murder and manslaughter cases and therefore have particular expertise in this area. Examples of murder and manslaughter cases in which our attorneys have acted include:
- Verdict in liquidation trial Marengo
- Johan stabbed neighbor with large kitchen knife
- Assistance Sanil B. in Mallorca case
- Fatal shooting in carpool parking lot
- Daniel D. (40) stabbed mother to death in front of children
- Murder case coffee shop The Greenplace
- Murat K. acquitted of liquidation Tilburg and grenade attack Oosterhout
- 'Serial killer' Sjonny W.
- Liquidation Process Passage
- Murder of crime blogger Martin Kok
- Valentine murder
