Homicide

The Criminal Code defines "manslaughter" in Article 393 as follows;

"Killing with intent to kill is called manslaughter. It is punishable by imprisonment from twenty years to thirty years."

Thus, the major difference from the crime of "murder" concerns premeditation. In both murder and manslaughter, the perpetrator had the intent to kill the victim. The intent is there to deprive someone of their life. Again, all the factual circumstances and elements in the case file are considered for this intent. In manslaughter, however, there was no contrived plan before the act; rather, the act occurred on a whim.

As a classic example, the case can be given where a married couple has a very heated discussion, the adultery of one of them comes out and one of the partners responds by taking a knife and intentionally stabbing the other partner to death.

Again, it is up to the prosecution to show that there was actually an intent to kill someone. If it is not shown that the defendant intentionally killed someone, the judge will have to acquit the defendant of manslaughter.