Negligent homicide involves holding a person responsible for the death of another through significant carelessness or negligence. Unlike crimes such as murder or manslaughter, which involve intent, culpable death does not involve intent. It involves unintentionally caused death due to lack of care or caution. Culpable death is different from murder or manslaughter.
In principle, culpable homicide carries a maximum penalty of up to two years in prison or a fourth-category fine (€25,750).
If the culpability is caused by recklessness, the jail term can be up to four years. Recklessness occurs when a person has behaved with extraordinary imprudence, thereby causing serious danger, and was - or should have been - aware of it.
What does the article of law say regarding culpable homicide?
The law article criminalizing culpable homicide, Article 307 of the Penal Code, reads as follows:
'1 He to whose fault the death of another is due shall be punished by imprisonment for not more than two years or a fine of the fourth category.
2. If the guilt consists of recklessness, he shall be punished by imprisonment for not more than four years or a fine of the fourth category.'
What is an example of culpable homicide?
An example of culpable death is when an employer failed to take adequate safety precautions at a construction site, such as failing to properly cordon off dangerous areas of the workplace or failing to provide workers with the necessary protective equipment. Because of these unsafe conditions, a worker falls from a height and is killed.
What penalties can be imposed for culpable homicide?
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 culpable homicide is two years. If the guilt is caused by recklessness, the prison sentence can be up to four 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 suspected homicide. 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 suspect has confessed to a criminal offense. In that case, a lawyer from Kötter, L'Homme & Plasman Advocaten may present circumstances why a low(er) sentence should follow.
Is attempted culpable homicide punishable?
Attempted death by fault is not punishable. An attempt would require intent, which is lacking at all times in the case of culpable homicide. After all, if there is intent, it is called manslaughter or murder.
Exoneration for culpable homicide?
With regularity, suspects are acquitted of this crime. An example is shown below.
A defendant was accused of approving a commercial vehicle with defects, which allegedly contributed to a fatal accident, and falsifying the inspection report. However, the court ruled that there was no causal link between the defects in the vehicle and the accident, and that it could not be proven that the defendant intentionally prepared a false inspection report. As a result, the defendant was acquitted of both charges.
Need a lawyer for culpable homicide?
The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced criminal law specialists and can assist you at the time you are suspected of culpable homicide. Our lawyers will discuss with you the criminal case file and together with you determine a strategy that can 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 have 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 send an e-mail to 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 at our emergency phone number 06-24428734.
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