- See also: manslaughter, homicide, and murder
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Culpable homicide is a term used in Scots Law and various English Common Law jurisdictions, where it covers a number of different types of criminal homicide, roughly equivalent to manslaughter in English law and manslaughter in other legal criminal jurisdictions. They are part of one category in the case where death is caused by improper conduct and where the guilt is less than murder. Culpable homicide is sometimes broken down into "voluntary culpable homicide" and "involuntary culpable homicide". The term is also part of the Criminal Code of Canada (sec 222), where all killings of persons are classified as culpable or not culpable homicide. In Canada there are three types of culpable homicide: murder, manslaughter and infanticide. Killings classified as not culpable are justifiable killings; thus the term is used to define the criminal intent or mens rea of a killing.
Voluntary culpable homicide
Voluntary culpable homicide is homicide where the mens rea for murder is present but mitigating circumstances reduce the crime to culpable homicide.
Involuntary culpable homicide
Involuntary culpable homicide is homicide where the mens rea for murder is not present but either the independent mens rea for culpable homicide is present, or the circumstances in which death was caused make it culpable homicide. Involuntary culpable homicide may arise in the context of an unlawful act or a lawful act. The mens rea requirement is different in each case.
References
- Strathclyde University Scots law course
- Criminal Code of Canada The Canadian Legal Information Institute CanLII.
