Definition and legal classification of ‘Killer’
The term ‘Killer’ is used several times in the German legal context, usually as a colloquial expression for a person involved in the killing of another person. The classic application refers to a contract offender who deliberately kills one or more persons for payment or other reasons. Legally relevant terms in this context include ‘contract killer’, ‘manslayer’, ‘murderer’, or (in the case of killings related to organized crime) ‘sicario’ according to international standards. The following elaboration examines the various legal aspects of the term ‘Killer’ in German law as well as its international references.
1. Definition and Usage
1.1. General usage
In general usage, a ‘Killer’ is usually understood to mean a person who intentionally kills a human being. However, a clear legal definition does not exist; the term is not a category defined in the Criminal Code (StGB), but is used synonymously with other designations such as offender, murderer, or manslayer. In tabloid and criminal jargon, however, ‘Killer’ is often used more specifically for a contract killer.
1.2. Distinction from other offender designations
In legal practice, the meaning of ‘Killer’ differs significantly from the terms ‘Murderer’ (§ 211 StGB) and ‘Manslayer’ (§ 212 StGB). While these require precise statutory fulfillment of the offense, ‘Killer’ remains an imprecise term without a clear legal contour. Its use is mainly found in investigative and media language.
2. Criminal Law Assessment
2.1. Characteristics of murder and homicide offenses
All intentional and negligent homicide offenses are comprehensively regulated in the German Criminal Code. The term ‘Killer’ is assigned therein to the perpetrator of murder (§ 211 StGB) or manslaughter (§ 212 StGB), depending on the characteristics and specific actions of the crime:
- Murderer is deemed to exist when a person kills another under the special circumstances listed in § 211 StGB (for example, out of greed, to satisfy sexual drive, in a treacherous or cruel manner).
- Manslaughter according to § 212 StGB describes the intentional killing of a person without the features of murder.
A ‘Killer’ may thus, depending on the motive, execution, and contract, be qualified as either a murderer or a manslayer.
2.2. Contract killing and forms of participation
A specific legal focus in the use of the term ‘Killer’ lies with the contract killing. Here, the actual ‘Killer’ would be the perpetrator physically committing the act (so-called immediate perpetrator). The client would be treated and prosecuted as an instigator (§ 26 StGB) or co-perpetrator (§ 25 II StGB) accordingly (possibly also as a joint principal). Payment or other promised advantages can be qualified as particularly base motives (usually greed), which leads to classification as a murderer under § 211 StGB.
2.3. Penalty and sentencing range
For murderers, a life sentence is mandatory under § 211 StGB. Manslaughter can, in individual cases, also result in a life sentence or a fixed-term prison sentence. In the case of contract killings, the characteristic of greed or base motives is usually fulfilled, so the maximum penalty applies.
3. International Legal Situation and Cooperation
3.1. Cross-border contract killers
International cases involving ‘Killers’ are particularly the subject of cross-border investigations. The European Convention on Extradition, cooperation within Europol and Interpol, as well as international treaties, allow for extensive prosecution and transfer of suspected ‘Killers’ across national borders.
3.2. Comparative legal aspects
The term ‘Killer’ is especially widespread in the Anglo-American sphere (‘hitman’, ‘contract killer’). However, the legal implications often correspond to the regulations valid in Germany, especially regarding homicide offenses, co-perpetration, and participation (instigation, aiding and abetting).
4. Civil Law Consequences
4.1. Duty of compensation
The act of a ‘Killer’ can lead to civil lawsuits. The relatives of the deceased have claims for compensation and possibly damages for pain and suffering pursuant to § 844 BGB (liability for the death of a person) and § 823 BGB (tort).
4.2. Inheritance law consequences
In the event of death by a ‘Killer’, inheritance law provisions may be affected, for example, the disqualification from inheritance of a client or beneficiary (§ 2339 BGB), provided participation or instigation can be proven.
5. Police Crime Statistics and Prevention
5.1. Recording and statistical analysis
The term ‘Killer’ is not recorded as a separate category in police crime statistics. Classification takes place instead under murder, manslaughter, or other homicide offenses.
5.2. Preventive measures
Due to the rarity of targeted contract killings, these offenses mostly occur in the context of organized crime. Crime prevention and control measures for such offenses include enhanced international cooperation, witness protection programs, undercover investigations, and advanced forensic analysis methods.
6. Aspects of Media Law
6.1. Responsible language usage
The use of the term ‘Killer’ in print and online media is often the focus of media law discussions, particularly regarding prejudgment and the personal rights of suspects until a final conviction.
Summary
The term ‘Killer’ is not an independent legal category but rather a colloquial, media-driven collective term for perpetrators of intentional homicide offenses, particularly in the area of contract killings. The legal assessment of the actions of a ‘Killer’ is carried out according to the provisions on homicide offenses in the Criminal Code, in particular §§ 211, 212 StGB, as well as rules regarding third-party involvement. In addition to criminal consequences, civil liability for survivors may arise, and cross-border prosecutions are regularly the subject of international cooperation. The depiction of the term in the media and societal perception also stand at the intersection of legal requirements and ethical standards.
Frequently Asked Questions
When is a killing considered murder in the legal sense?
In German criminal law, murder is regulated in § 211 StGB. A killing is classified as murder when certain so-called murder characteristics are present, which are divided into three groups: base motives, acts committed in a cruel manner or with means dangerous to the public, and the concealment of another crime. Typical examples of base motives include greed, revenge, or lust for murder. In addition, a killing is considered particularly reprehensible if the victim is helplessly at the perpetrator’s mercy or if the act is especially treacherous. If these requirements are not met, it is legally usually considered manslaughter under § 212 StGB, although both offenses require intent. Murder is always punishable by life imprisonment, while manslaughter can also be punished with a fixed-term prison sentence.
What are the criminal consequences for someone convicted as a perpetrator of an intentional homicide offense?
The criminal consequences for an intentional homicide offense differ depending on the severity and the exact classification of the crime by the competent court. For murder (§ 211 StGB), a life sentence is mandatory, and there is no possibility for mitigation. For less serious cases of manslaughter (§ 213 StGB), the law provides for imprisonment from one to ten years. In addition, the existence of mitigating or aggravating circumstances—such as the offender’s confession, particular brutality, or previous convictions—is taken into account. Beyond the actual prison sentence, further measures such as preventive detention or withdrawal of a driving license may be ordered. Civil law claims by the bereaved against the offender may also exist, for example, for pain and suffering or claims for damages.
How does the criminal procedure for a homicide offense proceed?
Criminal proceedings for a homicide offense follow the general rules of the Code of Criminal Procedure, but in these cases, it is a so-called official offense – meaning the prosecuting authorities (police and public prosecutor’s office) must begin investigations even without a criminal complaint. Initially, the police conduct investigations, supported by forensic and legal medicine experts. The public prosecutor then files charges with the competent regional court, which conducts the main trial. In serious cases, such as murder, there is mandatory defense. The court clarifies the question of guilt, examines the motives and all legal requirements before delivering a verdict and sentence.
Are there exculpatory or mitigating circumstances for homicide offenses?
Yes, in German criminal law, there are various mitigating and, in certain circumstances, even exculpatory reasons. Mitigation is particularly possible if the perpetrator acted in a psychological exceptional state, as for example in a state of affect (less serious case, § 213 StGB) or with diminished capacity (§ 21 StGB). Exemption from punishment is, however, only conceivable in exceptional cases, such as self-defense (§ 32 StGB) or necessity (§ 34 StGB), provided the requirements are demonstrably met. A withdrawal from attempt (§ 24 StGB) can also in some cases lead to impunity if the perpetrator voluntarily abandons the killing act and the victim survives.
How are murder, manslaughter, and negligent homicide legally distinguished?
The distinction between these three terms is regulated in the Criminal Code (StGB) as follows: Murder (§ 211 StGB) requires intent and special murder characteristics; the killing occurs for particularly reprehensible motives. Manslaughter (§ 212 StGB) exists if the killing is intentional but does not possess the especially reprehensible nature of murder. Negligent homicide (§ 222 StGB), however, requires no intent but a breach of the duty of care. Here, it is a death resulting from carelessness or neglect of duty, but without direct intent to kill. The penalty range varies considerably: Murder is punished with life imprisonment, manslaughter with imprisonment of not less than five years (for less serious cases with one to ten years), and negligent homicide with up to five years’ imprisonment or a fine.
Can persons under 21 also be punished for homicide offenses as adults?
Under German law, persons aged between 18 and 21 are referred to as ‘young adults’. Whether they are punished as adults for a committed homicide depends on the individual case. In principle, juvenile criminal law (§§ 105 ff. JGG) or adult criminal law can be applied to young adults. The decisive factor is whether the perpetrator’s personal maturity is comparable to that of an adult. The court examines in each individual case whether there is still a delay in maturity. If juvenile criminal law is applied, the potential penalty is lower, while adult criminal law provides for the regular penalty ranges, including life imprisonment.
