Generally, homicide means killing or taking the life of another person. In some cases, homicide can be intentional, and sometimes it can be unintentional or involuntary by accident. Homicide can be categorized into two types – one is culpable homicide, and another is non-culpable.
If you are the one who is dealing with such cases, all those new terms may seem very confusing to you. Here’s a precise discussion on non-culpable homicide. Keep reading the entire article for more.
What Does Homicide Mean?
In simpler words, homicide means the killing of another person. It can be by accident or intentionally. Both will be considered a homicide, and homicide is morally incorrect. But as long as the federal laws and penalties are concerned, the laws will be different for different cases.
Usually, there are two types of homicide –
- Culpable homicide and
- Non-culpable homicide.
There are so many differences between these two types of homicide. The punishment and laws are also different.
A very brief explanation on culpable and non-culpable homicide is given in the following:
Culpable Homicide
This type of homicide is not something that occurs by accident or for self-defense. It is the intentional and voluntary killing of another human being. Sometimes, there can be a pre-thought or pre-plan before committing culpable homicide.
But all cases are not the same. There are also cases where it is not aforethought or pre-planning, yet it is considered a culpable homicide – it is intentional murder.
The punishment for culpable homicide is also very serious. In most cases, the penalty for culpable homicide would be life imprisonment or the death penalty.
Non-Culpable Homicide
This type of homicide occurs by accident or mistake. In other words, when a person kills another person unintentionally or involuntarily, it is called non-culpable homicide. It can occur for self-defense or any other unfortunate event.
In this type of homicide, there is no aforethought to kill an individual none whatsoever. That is why, in the civil court, the punishment for non-culpable homicide is not as serious as culpable homicide.
Then again, there are some penalties for non-culpable homicide. The court usually determines the penalty depending on the situation and circumstances.
How Non-culpable Homicide Takes Place?
As we know that non-culpable homicide occurs unintentionally without any malicious aforethought. There are usually two events by which this type of homicide takes place. One is by accident, and another is for self-defense.
However, every case is unique and different from others. So, individual circumstances can be different than these two main causes. But usually, it occurs by accident or when people try to defend themselves.
Here are a few details on the matters:
Accident
This is one of the most common causes of non-culpable homicide. In most cases, the perpetrator does not intend to murder the victim, but somehow it occurs unintentionally. Sometimes, the injuries are so severe that it leads the victim to death.
In such a situation, the civil court may not hold the perpetrator accountable for first-degree murder, but that perpetrator will be accountable for committing the evil action.
In some cases, it also can be occurred for the negligence of the criminal. If it is proved to the court that it was for willful blindness or deliberate negligence, then the punishment can be more severe than normal cases.
Self-Defence
Another common cause of non-culpable homicide is self-defense. Let’s say someone is trying to harm you or your loved one. Now you are trying to prevent that person from harming you or your loved one.
If somehow preventing causes that person to die, that would also be considered a non-culpable homicide.
Usually, the civil court takes those cases carefully. If you are the one who is dealing with such cases, you may need to go through several court trials to prove your position. The penalty for such cases is also much considerable than any other case.
Penalties for Culpable and Non-culpable Homicide in Canada
Whether it is an intentional event or unintentional, as long as it is dealing with another person’s life, there are some sorts of penalties. But most often, the punishment for the culpable homicide is much more severe than the non-culpable homicide.
In other words, the penalty for intentional killing is much serious than unintentional or involuntary manslaughter. Culpable homicide is also known as first-degree murder. According to Canadian law, the penalty for first-degree murder is life imprisonment.
And in general, the eligibility for parole would be after 25 years of imprisonment. The eligibility for parole can be increased or decreased depending on the offender’s age.
On the other hand, when it is a non-culpable murder, the punishment also would be life imprisonment. But the eligibility for parole can go from 5 years to 25 years. And in this case, it will also depend on the offender’s age.
Proving the Non-culpable Homicide in the Court
Regardless of whether you are the victim or the offender, you need to present proper evidence to the court in both cases. Usually, the court makes the judgment by cross-examining the evidence of both sides. Hence, providing the proper evidence from your side is very important.
Because accusation for murder or homicide is one of the most serious accusations that one may deal with. In a culpable and non-culpable homicide, the penalty can go up to life imprisonment with subject to parole.
Proving the no-culpable homicide is much more complex than culpable homicide. A professional criminal lawyer can help you provide proper evidence to the court.
What is The Difference Between Culpable vs Non-Culpable Homicide
Non-culpable homicide is when the accused is not held legally liable since it includes deaths brought on by self-defence. In culpable homicide, the accused is held legally responsible because the death can be brought on by a person intentionally or unintentionally.
In other words, murder, manslaughter, and criminal negligence causing death are all examples of culpable homicides in various degrees. Non-culpable homicide, on the other hand, is when someone kills someone else without fault—there was no abuse, neglect, or other crime of any type.
What is the Criminal Code for Non-Culpable Homicide?
222 (1) When a person intentionally kills another person, whether directly or indirectly, using any method, they have committed homicide. (2) Culpability for homicide may or may not exist. (3) A non-culpable homicide is not a crime.
How Can a Criminal Lawyer Help You?
Dealing with murder cases is not as easy as you think. You may need to deal with many issues like legal terms, rules, legal conditions, policies, and so much paperwork. If you fail to maintain any of these, this may result in an unreasonable judgment by the court.
That is why, if you are dealing with such cases for the first time, it will be better for you if you can hire a criminal lawyer. A professional and experienced lawyer can help you with so many things. They can present you in court. They can provide the proper evidence on your behalf and so forth.
Frequently Asked Questions
What is Non-Culpable Homicide?
Generally, a homicide that occurs by accident or self-defense is known as a non-culpable homicide. This occurs unintentionally or involuntarily without any malice aforethought. This is often also considered second-degree murder.
What is the Punishment of Non-Culpable Homicide?
The punishment of non-culpable homicide depends on the court and the situation of the events. But the punishment can go up to life imprisonment. After that, the court allows parole to the offender. And the eligibilities of the parole will depend on the offender's age.
What is a Non-Culpable Homicide Example?
Let's say you are driving a car on the highway. Suddenly, a pedestrian comes into your road, and you hit that person. Unfortunately, that person died in that car accident. In that case, it will be considered a non-culpable homicide. In simple words, when you will accidentally kill another person, it will be considered a non-culpable homicide.
What is the Difference Between Homicide and Non-Culpable Homicide?
Non-culpable homicide is also a type of homicide. But the main characteristic of non-culpable homicide is, this occurs out of an accident and unintentionally. On the other hand, culpable homicide or homicide can occur intentionally with malice aforethought.
Is Non-Culpable Homicide a Bail-able Offence?
Yes, non-culpable homicide is a bail-able offense. Non-culpable homicide is not like the culpable homicide. But the bail will be subject to an individual case. And it will depend on some factors to get eligible for bail. Such as; the age of the offender, the type of the crime
Which Section Defines Non-Culpable Homicide?
According to the Canadian criminal code of justice, Criminal Code (R.S.C., 1985, c. C-46) defines non-culpable homicide. In that section, it says, 222 (1) If a person takes away another human being's life, intentionally or unintentionally or by any means, it will be considered as a homicide. 222 (3) defines non-culpable homicide.
Bottom Line
If you or your loved one is going through some murder accusation or charge, you may know how stressful and frustrating it is. Making a solid defense and proving your position to the court is really a complex process. That’s why you may seek professional criminal lawyer help.
You will find so many professional criminal lawyer firms around your area. But you need to do your own research and find the correct one for you. Seeking professional assistance while dealing with murder cases is always a very smart move. Hopefully, this writing helped you to understand every important detail about Non-Culpable Homicide.
