He homicide It is considered one of the most serious crimes within the Guatemalan legal system, and is the act of causing the death of a person, either intentionally or not.
Because homicide can happen in various circumstances, they are mainly classified into four categories, such as guilty, malicious homicide, for violent emotion and also for murder.
The different forms of this crime are regulated in the articles of the 123 to 132 of the Criminal Code, specifically in title I on crimes against life and integrity of the person.
But what exactly is the Homicide in violent emotion And how is it defined in the Guatemalan Criminal Code?
What is the crime of homicide in violent emotion?
He Article 124 of the Guatemala Criminal Code states that the crime of homicide committed in a state of violent emotion is punished with Prison of 2 to 8 years.
This crime refers to the death of a person caused by another in a state of intense emotion, such as anger, fear, surprise or passion, which prevents the author from reflecting on his actions, indicate specialized sites in law and legal advice.
Some examples of cases that cite, in which this crime could be given, are:
- Jealousy: A man kills his partner or the person with whom he believes he is being unfaithful due to a violent emotion of jealousy.
- Honor defense: A father or brother kills someone who has aggrieved a close relative, considering that he is defending his honor.
- Anger or anger: A driver kills another driver or pedestrian after a discussion or incident in public roads.
- Fear or surprise: One person kills another in a moment of fear or surprise, such as during an assault or an attempt to violation.
- Revenge: A man kills someone who considers responsible for damage or injustice that has been inflicted.
It is important to note that, in order for homicide to be considered in a state of violent emotion, it is necessary that certain requirements are met, such as:
- That the author is in a state of intense emotion that prevents him from reflecting on his actions.
- That the emotion is caused by a reasonable or justified cause.
- That the author has not intended to kill before the violent emotion occurred.
In each case, the judicial authority will evaluate the specific circumstances to determine whether it is homicide in a state of violent emotion or another crime.
Guilty homicide
In the case of guilty homicide, this crime refers to the death of a person caused by negligence, imprudence or impericia of another person, without the intention of killing.
For example, if by negligence someone handles a very fast car, suffers a collision and therefore causes the death of his companion and/or a pedestrian.
Article 127 of the Criminal Code describes the sanction and particular cases that apply to drivers. This is sanctioned with imprisonment of two to five years, but if injuries are caused or the death of several is caused, the sanction increases from three to eight years in prison.
If the guilty crime is committed by a driver who drunk a vehicle, or under the effect of drugs, a greater sanction will be imposed, twice the penalty. Similarly, if the fact is caused by a pilot of this type of transport, the respective penalty will be increased by a third.
Dolo Homicide
Unlike the guilty homicide, in the case of the malicious crime it refers to the direct intention of causing the death of another person.
According to article 123 of the Criminal Code, for this crime a prison sentence of 15 to 40 years is established, being the most severe sanction in this classification.
Murder
The crime of murder is a more serious way of homicide, and is punished with more severe sentences between 25 and 50 years in prison.
The penalty varies according to circumstances such as premeditation, alevosía, cruelty or by impulse.