Elements of Premeditated Murder
From the wording of Article 340 of the Criminal Code, it can be seen that the elements of premeditated murder are as follows:
Legal subject
The legal subject in the crime of murder, whether planned or unplanned, is a person who can be held criminally responsible according to
criminal law.
Legal subjectin this case is a human (
natuurlijk persoon).
Intentionally
Intentionally in the crime of murder, whether planned or ordinary murder, means that there is a will and awareness to cause certain consequences that have been regulated in the legislation. In this case, the intended consequence is the death of another person.
Read Also:General Criminal Law and Special Criminal Law: What's the Difference?
Plan ahead
Premeditation in criminal acts
premeditated murdermeans there is a time lag between planning and action that allows for systematic planning in advance before taking action.
Taking someone else's life
Taking someone else's life in the crime of murder, whether planned or unplanned, means that the perpetrator's actions result in the death of another person.
Explanation of the Elements of Premeditated Murder
Legal Subject
Subject
law in criminal actsmurder, whether planned or unplanned, is a human being (
natuurlijk persoon). This means that only humans can be held criminally responsible for the crime of premeditated murder.
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