THE FIRST DEGREE MURDER IN A CRUEL MANNER

Abstract

The first degree murder belongs to the group of the heaviest criminal offences punishable by the heaviest penalties. Basically, the first degree murders have all the characteristics which are common to every murder, i.e. the unlawful deprivation of another person’s life. But, the murder accompanied by a certain qualifying circumstance makes it heavier and socially more dangerous than an ordinary murder. In this paper, we will look back and explain in more detail the first degree murder in a cruel manner, which is a complex criminal offence, where, on the one hand, cruelty means taking the victimʼs life in such a way that it causes the excessive pain and suffering, while, on the other hand, it is necessary that a perpetrator also shows a special emotional relationship towards the pain and suffering (in the form of feeling pleasure, enjoying them, the absence of pity, etc.). We will analyze the hypothesis of the criminal offence of the first degree murder committed in a cruel manner to be planned and a person for the attempt of such an offence to be punished. We will draw a parallel between the criminal act of murder and the first degree murder including the fact whether this offence was committed in a conscientious or unsconscientious way. We will also consider the issue of the organized crime and how often this type of an offence is committed in criminal groups. The aim of the research is to meet the meaning and qualifying circumstances being specific for this offence as well as to see how this offence is qualified in practice. It also covers the issue of its sanctions and how the court evaluates certain findings and opinions in the proceedings including the aggravating circumstances relevant for determining the amount of the punishment.