Concept and Definition of Manslaughter
Manslaughter is a central offense in German criminal law. It is classified among intentional homicide offenses and is regulated in the German Criminal Code (StGB). The legal classification of manslaughter, its distinction from other homicide offenses, as well as the relevant elements of the offense are presented in detail and systematically below.
Statutory Regulation of Manslaughter
Section 212 StGB – The Basic Offense
The offense of manslaughter is governed by Section 212 (1) StGB and reads as follows:
“Whoever kills a person without being a murderer shall be punished as a manslaughter offender with imprisonment of not less than five years.”
Thus, Section 212 StGB describes the basic case of the intentional killing of another person, where no murder characteristics under Section 211 StGB are present.
Structure of Section 212 StGB
- Object of the Offense: The object of the offense is a living human being. The killing of an unborn child falls under other statutory provisions, in particular abortion (§§ 218 et seq. StGB).
- Actus Reus: The killing can occur through active conduct (inflicting lethal force) or – more rarely – by omission, provided the perpetrator is under a duty of care (§ 13 StGB).
- Intent: Intent with regard to the killing of another person is required (knowledge and will to realize the criminal offense).
Distinction from Other Homicide Offenses
Murder (§ 211 StGB)
Murder is the aggravated form of homicide and occurs when certain murder characteristics (e.g., treachery, cruelty, greed, or base motives) are met. The essential difference compared to manslaughter lies in these particular characteristics that render the act especially reprehensible.
Assault Resulting in Death (§ 227 StGB)
In contrast to manslaughter, assault resulting in death refers to an intentional assault, where the victim’s death is caused by negligence or at least without intent to kill.
Negligent Homicide (§ 222 StGB)
Negligent homicide covers cases where a person’s death is caused by a breach of the duty of care but without intent to kill.
Elements and Requirements of the Offense
Objective Elements of the Offense
1. Killing of another person
Manslaughter requires the completion of the result of killing, i.e., the death of another — natural — person (beginning with the onset of birth, ending with brain death).
2. Causality and Objective Attribution
The act must have caused the death and be objectively attributable to the perpetrator. If an atypical causal course exists, objective attribution and thus the definition of the offense may be excluded.
Subjective Elements of the Offense
1. Intent
At a minimum, conditional intent regarding the victim’s death is required. The perpetrator must at least accept the occurrence of the result.
Special Forms of Manslaughter
Manslaughter in the Heat of Passion (Lesser Offense, § 213 StGB)
Manslaughter may be considered a less serious case, for example, when the perpetrator is ‘driven to the deed on the spot’ by a provocative act of the victim. This concerns classic crimes of passion and is specially regulated in Section 213 StGB. Here, a reduced penalty is provided for (imprisonment from one to ten years).
Attempted and Completed Offense
Manslaughter can also be attempted (§§ 22, 23 StGB). The attempt is already punishable and begins before the killing is completed.
Criminal and Legal Consequences of Manslaughter
Sentencing Framework
For completed manslaughter, Section 212 (1) StGB provides for imprisonment of not less than five years. In cases of lesser gravity (§ 213 StGB), the sentencing framework is reduced to imprisonment from one year to ten years.
Sentencing Considerations
The circumstances of the individual case must always be comprehensively considered in the context of sentencing (§ 46 StGB). Above all, motive, conduct after the crime, and the specific manner of commission play a role.
Attempt and Withdrawal
A withdrawal from the attempt under Section 24 StGB can, in less serious cases, also result in exemption from punishment if the perpetrator voluntarily refrains from the act and prevents the fatal outcome.
Distinction of Manslaughter from Other Offenses
Concealed Manslaughter
If the perpetrator intentionally uses force without intending to kill the victim, but the victim dies nonetheless, a careful distinction from assault resulting in death (§ 227 StGB) is required. The decisive factor is the perpetrator’s internal resolution.
Participation in Manslaughter
Participants – co-perpetrators, instigators, or accomplices – are liable under the general rules for their respective contribution (§§ 25 et seq. StGB).
Procedural Aspects of Manslaughter
Investigation and Indictment
Within the scope of an investigative procedure, it is examined whether murder characteristics or other mitigating circumstances are present. The classification as manslaughter is often the result of extensive investigations, particularly with regard to intent and possible motives.
Defense and Evidence Assessment
In the main hearing, the perpetrator’s motivation and the manner of the crime are central to the classification under Section 212 StGB or Section 211 StGB.
Manslaughter in International Comparison
The classification of manslaughter as a statutory offense often differs in international law, both regarding its distinction from murder and regarding the sentencing framework. However, many legal systems have a graduated system of intentional homicide offenses.
Summary
Manslaughter is a central homicide offense under the Criminal Code, distinguished from murder by the absence of murder characteristics. The essential requirements are the intentional killing of another person without particular reprehensibility of the act. The legal consequences range from long prison sentences to the possibility of a reduced sentence in less serious cases. The precise legal classification always depends on the circumstances of the specific individual case and requires a differentiated assessment under applicable criminal law.
Frequently Asked Questions
When is a person criminally liable for manslaughter?
Criminal liability for manslaughter under German criminal law exists when a person intentionally ends the life of another person, without the characteristics of murder—i.e., certain especially reprehensible elements such as treachery, cruelty, or base motives—being present. According to Section 212 of the Criminal Code (StGB), so-called intent is sufficient for the offense, meaning the perpetrator is aware of the killing and at least accepts it. Special motivation or planning, as required for murder, is not necessary. Evidence regarding intent is usually determined based on circumstantial evidence and the sequence of the crime. It should be noted that negligent killings (without intent) are not prosecuted as manslaughter but separately as negligent homicide (Section 222 StGB).
Is there a so-called less serious case in manslaughter?
The law provides for the possibility of a less serious case of manslaughter in Section 213 StGB. A less serious case of manslaughter occurs, in particular, when the perpetrator acts out of an understandable powerful emotion, triggered by previous provocation from the victim. In such situations, the court can reduce the penalty range: instead of imprisonment of not less than five years (as with regular manslaughter), a prison sentence of one to ten years can be imposed. The court examines in each case whether the requirements for a less serious case are actually met and takes into account all circumstances of the crime and the offender.
How does manslaughter differ from murder and negligent homicide?
Manslaughter differs from murder, in particular, by the absence of certain murder characteristics listed in Section 211 StGB (for example, treachery, cruel manner of commission, base motives, or facilitating another offense). While the penalty for murder is very severe, i.e., life imprisonment, manslaughter is punishable by imprisonment of not less than five years. In contrast to negligent homicide, the perpetrator of manslaughter acts with intent, that is, with knowledge and will to kill a person, whereas negligent homicide is committed ‘by accident,’ that is, without intent, but by neglecting the required duty of care.
What role does the offender’s incapacity for guilt play in manslaughter?
If the perpetrator is incapable of guilt at the time of the act, for example due to a severe mental disorder (§ 20 StGB), criminal liability for manslaughter is excluded. In such cases, punishment cannot be imposed, since the perpetrator’s ability to recognize the wrongfulness of their act or to act accordingly was suspended. If there is only diminished criminal responsibility (§ 21 StGB), this can lead to a reduced sentence. The court examines the mental condition of the perpetrator in detail, drawing on expert reports.
How is the punishment for manslaughter determined under German criminal law?
The penalty for manslaughter under Section 212 (1) StGB is, as a rule, imprisonment of not less than five years. In less serious cases (§ 213 StGB) the sentence may range from one to ten years. When determining the sentence, the court takes into account all circumstances of the act and the person of the perpetrator, such as motives, the manner of committing the crime, any prior provocation, possible remorse or confessions, as well as previous convictions. If there are especially severe factors such as particularly cruel commission, the court, although not allowed to add murder characteristics in retrospect, may apply stricter standards within the manslaughter sentencing framework.
Is early release from imprisonment possible in manslaughter cases?
As with other offenses, offenders convicted of manslaughter generally have the possibility of early release under Section 57 StGB. After serving two-thirds of the imposed prison sentence, an application for early release can be submitted. Among other conditions, the convicted person must have demonstrated good conduct during imprisonment and have a favorable social prognosis, i.e., there is no risk of further significant unlawful offenses. The competent court decides on release after weighing all circumstances in each case. In particularly serious offenses or in the case of an unfavorable prognosis, early release can also be denied.
