Murder

Murder is a crime that violates the life of a person, and there must be an act of killing a person.

The means or method of killing may be tangible or intangible, direct or indirect, by commission or by omission, and any act that terminates the life of a person is assessed as an act of murder.

The intent in murder is not recognized only where there is an explicit purpose or a planned intention to kill.

According to Supreme Court precedent, the criminal intent of murder by dolus eventualis may be recognized even where the offender merely perceives or foresees the possibility or risk that his or her conduct may cause the death of another.

Supreme Court Decision of July 21, 1987, 87Do1091

Murder is a crime that violates the life of another.

Murder of a lineal ascendant refers to the killing of a spouse or a lineal ascendant, where the spouse and lineal ascendant mean persons in a legally recognized marital or family relationship.

If a couple who are in fact spouses but have not registered their marriage (a de facto relationship) kills a lineal ascendant, it is punished as ordinary murder.

Where an adopted child kills an adoptive parent, the crime of murder of a lineal ascendant is established.

In addition, if a person kills the lineal ascendant of a spouse after the marital relationship has ended through the spouse's death, ordinary murder applies.

Murder upon request or with consent refers to killing a victim upon that victim's request or consent, and it is commonly also called murder with consent.

Murder upon request requires that the victim's clear expression of intent and the act of killing correspond, whereas murder with consent is satisfied as long as it does not clearly run counter to the victim's intent.

This is a crime established where a person obtains a request or consent by means of deception or force and kills the person, or makes the person resolve to commit suicide and thereby causes the suicide.

Here, ‘deception’ means achieving one's objective by exploiting the other party's ignorance or mistake without disclosing the purpose or means, and it includes not only mere fraud but also inducement.

Meanwhile, ‘force’ means tangible or intangible power capable of overcoming a person's will, and it covers not only assault or intimidation but also the use of social or economic position.

The circumstances of the scene should be recorded in as much detail as possible, and related materials, such as nearby CCTV footage, photographs, call records, and text messages, should be collected without omission.

If there are witnesses, it is advisable to accurately confirm their identities and the content of their statements and to obtain those statements in writing.

It is necessary to review carefully the evidence and materials submitted by the investigative authorities and to find points that contradict or are inconsistent with the facts.

It is necessary to analyze closely how the secured evidence functions in revealing the substantive truth of the case, to judge the credibility of the evidence objectively, and, where necessary, to consider seeking the advice of a specialist in the relevant field.

If evidence has been fabricated or improperly collected, the problem must be clearly identified and addressed.

During questioning by the investigative authorities or a statement in court, consistent content must be maintained from beginning to end, and because false statements or content that differs from the facts may later operate to your disadvantage, it is important to answer accurately based on your own memory and the facts.

Before being questioned, it is advisable to review the content of your statement in advance and to note or organize the important points.

You should accurately understand each stage of the case, such as the police investigation, the prosecutorial investigation, and the court hearing, and clearly recognize your rights and obligations during questioning.

Even in a voluntary investigation, you have the right to refuse to answer questions that are disadvantageous, so it is important to become sufficiently familiar with the legal procedures and to respond carefully and actively.

Sentencing factors suited to the specific circumstances of the case should be actively gathered, and whether a settlement with the victim's family is being pursued is also important sentencing material.

Efforts to recover the harm, an attitude of sincere reflection, the motive and course of the crime, and the defendant's family relationships and record of social activity should be organized systematically so that they can be submitted to the court.

Because such materials can operate favorably in determining the sentence, it is necessary to manage them carefully.