In legal terms, manslaughter (summarized) involves the intentional killing of another, without any premeditated plan. In principle, manslaughter is punishable by imprisonment for up to twenty-five years or a fifth-category fine (€103,000). This crime can also be committed with a terrorist intent, allowing a higher sentence to be imposed.
What is an example of manslaughter? Imagine Sandra and her colleague, David, get into a heated argument during a drink at work. The argument escalates into a physical confrontation, during which David pushes and punches Sandra several times. In a moment of anger, Sandra grabs a heavy object from a nearby table and punches David in the face. David falls to the ground and is seriously injured. Despite bystanders' attempts to help him, David dies of his injuries.
Sandra had no preconceived plan to kill David, but acted intentionally in the heat of the moment, accepting the risk that her action could be deadly. This case falls under manslaughter because Sandra deliberately acted without a prior plan, but with the conscious acceptance of the possibility that David could die from her act.
What does the article of law say regarding manslaughter?
The law article criminalizing manslaughter, Article 287 of the Penal Code, reads as follows:
"He who intentionally deprives another of his life shall be punished, as guilty of manslaughter, by imprisonment for a term not exceeding twenty-five years or a fine of the fifth category.
What penalties can be imposed for 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 manslaughter is twenty-five years. However, the maximum prison sentence is by no means always imposed.
An attorney at Kötter, L'Homme & Plasman Attorneys at Law can play an important role in a suspected homicide case. 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 can provide circumstances why a low(er) sentence should follow.
Is attempted manslaughter punishable?
Attempted manslaughter can 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 kill someone intentionally. In criminal law this is also called (conditional) intent. (Conditional) intent exists if a defendant has consciously accepted the substantial probability that the consequence mentioned in the penalty provision (such as in murder or manslaughter 'death') will occur.
A lower maximum prison sentence applies to attempted manslaughter than to completed 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) manslaughter?
Cases involving (attempted) manslaughter are regularly brought before the courts. With regularity, suspects are also acquitted of this crime. An example is shown below.
The judge acquitted the suspect because "it cannot be legally and convincingly proven that the suspect was involved as a co-perpetrator in the manslaughter of the victim.
Need a lawyer for (attempted) manslaughter?
The attorneys at Kötter, L'Homme & Plasman Advocaten are experienced criminal law specialists and can assist you at the time you are suspected of (attempted) manslaughter. 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 lawyers do not bake sweet cakes; we give 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 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.
Read here more on manslaughter and murder.
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
