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Culpable homicide
From Wikipedia, the free encyclopedia
- See also: manslaughter, homicide, and murder
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| Criminal law |
|---|
| Part of the common law series |
| Elements of crimes |
| Actus reus · Causation · Concurrence |
| Mens rea · Intention (general) |
| Intention in English law · Recklessness |
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Culpable homicide is a term used in various English Common Law jurisdictions. In law of Scotland, it covers a number of different types of criminal homicide, roughly equivalent to manslaughter in English law and manslaughter in other legal criminal jurisdictions. They are part of one category in the case where death is caused by improper conduct and where the guilt is less than murder. Culpable homicide is often broken down into "voluntary culpable homicide" and "involuntary culpable homicide".
The term is also part of the Criminal Code of Canada (sec 222), where all killings of persons are classified as culpable or not culpable homicide. In Canada there are three types of culpable homicide: murder, manslaughter and infanticide. Killings classified as not culpable are justifiable killings; thus the term is used to define the criminal intent or mens rea of a killing.
Voluntary culpable homicide is homicide where the mens rea for murder is present but mitigating circumstances reduce the crime to culpable homicide.
Involuntary culpable homicide is homicide where the mens rea for murder is not present but either the independent mens rea for culpable homicide is present, or the circumstances in which death was caused make it culpable homicide. Involuntary culpable homicide may arise in the context of an unlawful act or a lawful act. The mens rea requirement is different in each case.
- Criminal Code of Canada The Canadian Legal Information Institute CanLII.
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This article is a stub relating to law in Scotland. You can help Wikipedia by expanding it. |