Offence against persons
Homicide and murder defence lawyer
Arts. 138 and 139 Criminal Code
Homicide and murder are tried before a Jury Court, which changes how the defence is prepared: the object of the evidence and how it is explained to nine lay jurors shape every decision, from cross-examination to the wording of the verdict form.
The distinction between the two offences — whether treachery, payment or particular cruelty is present — determines the applicable sentencing range, and it is mostly fought over during the investigation: which steps are taken and how the account of events is established before trial.
Few decisions carry as much weight as those taken in the first days of a case this serious: they literally determine how many years of freedom are at stake for the person under investigation.
Scope of work
- Urgent assistance to the detainee and involvement from the first statement
- Opposition to pre-trial detention and periodic review of the measure
- Technical direction of the investigation before the Jury Court
- Trial defence and drafting of the verdict form
When to call
- Someone has been detained over a homicide or murder and has not yet made a statement
- Pre-trial detention has been ordered and its review needs to be assessed
- You are a family member of the victim and wish to bring a private prosecution
Frequently asked questions
What is the difference between homicide and murder?
Murder (article 139 of the Criminal Code) requires treachery, payment or reward, particular cruelty, or that the killing was carried out to facilitate another offence or avoid its discovery; homicide (article 138) is the killing of another person without those circumstances. The classification is not automatic: it depends on how each element is proven, and that is where much of the applicable sentencing range is decided.
Why is this tried by a jury rather than a professional judge?
The Jury Court Act assigns these offences to a lay jury. That requires the evidence to be explained differently than it would be before a technical tribunal, and it shapes how the verdict form — the document on which the jury answers — is drafted.
Can I join as a private prosecutor if I am a family member of the victim?
Yes, injured parties may bring a private prosecution from the start of the proceedings, request investigative steps and put forward their own case theory alongside that of the Public Prosecutor.