Intentional and Negligent Homicide (Meaning and Explanation)

We explain the difference between intentional homicide and negligent homicide. Also, what other types of homicide exist.

What is the difference between manslaughter and intentional manslaughter?

In legal and legal jargon, Homicide is the act of taking the life of another person that is, to cause death by action or omission, whether or not there is the express intention to do so. Depending on the context in which it occurs, it may be an intentional murder or an accidental homicide.

There are different legal categories used to distinguish between these two situations, and thus be able to find an appropriate punishment for the perpetrator. Among them are culpable, involuntary or negligent homicide, and intentional, voluntary or intentional homicide.

This differentiation is due to the fact that legally causing the death of a third party due to an error or mistake, or without even realizing what is being done, is not the same as doing so in a planned, express and intentional manner, in order to get rid of a problem or get a reward.

The difference between manslaughter and intentional homicide, thus, lies in the intention of the perpetrator. This difference influences the way the crime is judged and the punishment handed down, and can be summarized as follows:

Culpable or negligent homicide	Intentional or intentional homicide
It occurs when the death of a third party is caused due to negligent conduct, that is, when an action is carried out that leads another to death without having the full intention of killing him or her: due to carelessness, ignorance or irresponsibility.	It takes place when the death of a third party is caused completely intentionally, that is, with fraud: the full intention to commit a crime despite being aware of what it means and the penalties it may bring.
He receives a relatively lesser sentence, given that there was no unlawful intent or fraud, that is, the crime was committed without the intention to do so.	He receives a relatively greater penalty, given that the crime was committed with the full intention and awareness of harming others.
It can be of two types: ● When one ignores that the action undertaken will cause the death of another or others. ● When it is known that the action puts the life of another or others at risk, but it is mistakenly thought that it can be controlled and the homicide prevented.	It can be of two types: ● When homicide is committed with the full intention of physically eliminating a person. ● When the homicide is a consequence of an action with another purpose, and the person committing it is aware of it but carries it out anyway.
Examples of manslaughter are: ● A doctor whose recklessness or carelessness causes the death of a patient. ● A driver who accidentally hits and kills a person. ● A cook who prepares a dish with poisonous mushrooms believing that he has correctly removed the toxin and causes the death of the diner. ● An operator who loses control of a crane and kills a passerby. ● A dentist who mistakenly uses a drug to which his patient is allergic.	Examples of intentional homicide are: ● A spouse who murders his or her partner. ● A hitman who shoots strangers in exchange for monetary payment. ● A seller who sells spoiled food knowing the risk it poses and poisons the customer who eats it. ● A person who denies medical assistance to another knowing that he or she is at risk of immediate death.

Other types of homicide

In addition to intentional and negligent homicide, the following categories of homicide are usually used legally:

Preintentional homicide. It occurs when a person commits an action with a clear intention to harm another, although not to kill him, and the homicide occurs accidentally. For example: A street fight gets out of control and one of the combatants ends up killing the other.
Passionate homicide. It occurs when the homicide occurs in a state of emotional alienation or uncontrollable fury on the part of the murderer, who then regains consciousness and regrets the actions committed. For example: A person discovers his partner being unfaithful and murders him.
Homicide motivated by hate. It occurs when the murderer has no reason to cause the death of the victim except his membership in a social, racial, religious or gender group. For example: A person who attacks a stranger because of their skin color until they die.
Homicide criminis causa. It occurs when the homicide is committed to cover up, facilitate or commit another previous or subsequent crime. For example: A thief discovers that there is a witness to his crime and kills him before he can report him to the authorities.

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