Punishment for premeditated and semi-intentional murder
There is no doubt that murder is one of the most dangerous types of crimes. In this article, we discuss the punishment for premeditated and semi-premeditated murder in Saudi courts in terms of its seriousness and its negative impact on the heirs of the victim, the family of the killer, and even Saudi society as a whole.
A number of questions are based on this crime, such as what are the types of murder, what are the penalties prescribed for each type, and what are the reasons for innocence in this crime? This is what we answer in the office of lawyer Abdul Majeed Al Rashid for Law and Legal Consultations, and it provides you with full support in criminal cases in terms of pleading, the necessary legal representation, and attending investigation sessions to preserve and maintain your rights.
First: Types of killing
Murder means the loss of a person’s life due to an act committed by another. Murder has types that are determined based on intent. There is premeditated murder, semi-intentional murder, and accidental murder. Below we explain each type:
1- Premeditated murder: It is the crime that the perpetrator intends to take the victim’s life. The perpetrator knows that the assault he commits will result in the victim’s death, and he intends to do so. An example of this is when the perpetrator fires a bullet from his gun at the victim’s head.
2- Semi-intentional murder: This is when the perpetrator does not intend the death of the victim, but rather his will is directed towards assault with the intention of causing pain or discipline, for example. However, the assault results in the death of the victim; it is called semi-intentional murder. An example of this is when a quarrel occurs in the public street and the perpetrator hits the victim with a small stone; he dies.
3- Wrongful killing: This is when the perpetrator does not intend to assault or injure the victim with any intention, but rather the perpetrator has committed a specific act that unintentionally results in the death of the victim. An example of this is when the perpetrator is on a hunting trip and is aiming at the animal; the shot is accidentally directed at the victim who was standing near the animal; and he dies.
How does a judge determine the type of intent to kill?
It is known that intent is one of the esoteric and hidden matters that relate to intentions, and therefore; The judge relies fundamentally in determining the type of intent in view of three matters:
1- The first command: The machine used in killing:
If it is something that is often killed, such as a firearm or knife, then this is evidence that the killing was intentional. However, if the machine is something that is not often killed, such as a small stone or a small juicer, then this is evidence that the killing was almost intentional. The basis for this is stated in the judicial principle issued by the Supreme Court No. (M.Q.D.): (469/2), (10/17/1410), which states: “The use of a killing machine is evidence of intent, as intent is in the heart, and it is only known by expressing it with the tongue, or by indicating it.“
2- The second matter: The place where the blow was received on the victim’s body:
If the place of the strike is in a fatal manner, i.e. the person is killed with it when he is struck in it, such as the neck and throat; then this is evidence of intent, and the basis for that is stated in Judicial Principle No. (M.Q.D.): (475/3) (10/18/1410), which states: “Beating in a premeditated murder“.
3- The third matter: The perpetrator’s own confession:
Intentional murder may be proven by the perpetrator’s own confession, such as coming of his own free and sound will, and making his confession that he intended to kill the victim, whether the confession was made in a legally approved report, or before the judge during the trial, but it should be noted that it is not enough for the perpetrator to simply say that he did not intend to kill, but rather There must be evidence and proof to support this statement, otherwise it will not be accepted.
Second: The penalty for premeditated murder
If it is proven to the judge that the perpetrator intentionally killed the victim, this results in one of the following penalties:
The first punishment: retribution:
That the perpetrator be punished for killing him in exchange for killing the victim [an eye for an eye]. Here, it is required to prove that the killing was intentional, either by an explicit acknowledgment from the perpetrator of the intention to kill, or by evidence free from slander that proves the intention, or an oath after its justification and conditions are met. It is also required to apply retaliation that none of the cases in which it is dropped be met, and there are seven cases that we will explain as follows:
1- The first case:
Pardon from the heirs or one of them: Retribution cannot be applied to the perpetrator except with the approval of all the heirs of the deceased. This means that if only one of the heirs pardons the perpetrator, retribution will not be applied to him, and the heirs will have no choice but to demand blood money. The reason for this is that retribution cannot be imagined to be divided against the perpetrator. A number of rulings fall under the issue of “pardon of blood relatives”, which we summarize as follows:
If one of the heirs of the deceased waives the retaliation, and then that relinquishing heir dies, his heirs do not have the right to refuse to waive it yet, because they inherit the waiver, not the retaliation. Its basis: Judicial principle (H Q A): (164), (4/7/1391).
Pardon is accepted in retaliation, even if it is from a woman, as long as she is one of the heirs of the deceased. Its document: Judicial principle (H Q A): (439), (2/12/1394).
If it happens that the deceased himself – before his death – has waived retribution, then the right to demand retribution is forfeited from his heirs. Its document: Judicial principle (H Q A): (96), (4/3/1395)
2- The second case:
‘The father killing his son: If the victim is the son of the perpetrator, then retribution will not be applied to him. Rather, he will be required to pay blood money, and he will not take anything from it because he does not inherit from the one who killed him.
3- The third case:
Reconciliation: If the perpetrator is able to reconcile with the family of the deceased on the condition that he is pardoned in exchange for paying a certain amount, then retribution will not be applied to the perpetrator, and he will only be obligated to pay what they have agreed upon. In this regard, the lawyer has a major role in seeking to sign this reconciliation, by bringing the views of the victim’s heirs and the perpetrator’s family closer together.
4- The fourth case:
The insanity of the killer: It is not possible to demand retribution or apply it to the perpetrator, whenever it is proven that he is insane; Because the insane person is not legally obligated, and a number of rulings fall under the issue of “insanity in murder”, which we summarize as follows:
The insane offender shall be imprisoned until he is sane, except in cases where the crime is such as corruption of the land and breach of security. Its document: Judicial principle (MQD): (88), (3/29/1396).
The point in determining whether the perpetrator is insane or not is at the time of committing the murder, not at the time of trial or the application of retribution. Therefore, if he committed the murder while he was sane and then went insane, he will be punished. Its document: Judicial principle (MQD): (21), (3/8/1397).
5- The fifth case:
The perpetrator has not reached puberty: If it is not proven that the perpetrator was an adult at the time of his attempted murder, the heirs have no right to demand retribution, and they will have no choice but to pay the blood money for the mistake.
6- The sixth case: Al-Siyala:
This means an unlawful aggressive assault. If it is proven that the victim was an attacker and assaulted the killer, and the killing was nothing but self-defense, money, or honor, then there is no retaliation or blood money. A number of rulings fall under the issue of “Al-Siyala”, which we summarize as follows:
The basic principle is that the authenticity must be proven based on evidence free from slander, such as witness testimony or a confession, but if there is no evidence of authenticity, the court must make the heirs of the deceased swear to deny knowledge of the authenticity of their murdered heir. Document: Judicial principle (MQD): (97/6/20), (24/4/1400).
An example of a fight is when the victim starts shooting at the killer; then the perpetrator is defending and shooting at him. Document: Judicial principle (MQD): (142/5/26), (8/6/1400).
If the heirs of the murdered person refuse to take an oath to deny knowledge of the authenticity of their murdered heir, and then decide to agree to the oath, the oath will be heard from them. Document: Judicial principle (MQD): (56/5/11), (20/2/1405).
7- The seventh case:
Postponing retribution: Retribution is subject to the approval of all the heirs of the deceased. Accordingly, if there are minors among the heirs, the completion of retribution is postponed until the minor among the heirs reaches puberty, then he agrees to retribution, without waiving it. A number of provisions fall under the issue of “postponement”, which we summarize as follows:
If the killer is elderly and fears death, this does not affect the obligation to postpone retaliation. As long as there are minors among the heirs, the postponement is valid. Document: Judicial principle (MQD): (15/2), (15/1/1410).
Postponement is until puberty in addition to the obligation, because a person may reach an age, but without it being costly. Document: Judicial principle (MQD): (40/2), (30/1/1412).
Second penalty: blood money for premeditated murder:
We have mentioned above a number of cases in which retaliation is waived for the perpetrator, and the heirs have the right to demand blood money, and blood money here is not specified by the regulator or Islamic law for a specific amount, unlike semi-intentional murder and manslaughter.
Therefore, blood money in premeditated murder is subject to the agreement of the parties, and there is no upper or lower limit. It may reach millions of riyals or be limited to hundreds of thousands. The office of lawyer Abdul Majeed Al Rashid plays an important role in evaluating this blood money as sought between the two parties to the case.
Third penalty: imprisonment for the general right to premeditated murder:
We have previously explained that the basic punishment prescribed for the intentional killer is “retribution”, but as we have also explained, there are many cases in which retribution is dropped, whether blood money is paid or not, and all of this concerns the heirs of the murdered person, and they are called the owners of “private rights”, but here the question arises: What if the killer is exempted from retribution in exchange for paying blood money, is he exempted from punishment?! The answer here is: Of course not. He is not exempt from punishment, but rather is subject to imprisonment in public law.
How long is the general right to premeditated murder imprisoned?
In the past, the court’s role was limited to issuing a ruling proving the perpetrator’s conviction for premeditated murder, and then referring the case to the “Royal Will“ to determine the prison term to be applied to the perpetrator.
However, with the passage of time, a specific penalty of imprisonment was deliberately imposed on the killer, which the judge would rule directly as long as the conviction was proven without retaliation. The penalty was imprisonment for a period of (5) years, according to what was decided by Circular No. (8/T/524) dated 10/13/1415 AH, which included the text of Royal Order No. 2624 dated 4/9/1372 AH, which read: «A premeditated murderer who is sentenced to blood money without retaliation shall be imprisoned for five years…“.
It should be noted that the period specified at (5) years is the minimum penalty for imprisonment for the general right to premeditated murder, and therefore; The judge has the right to increase this limit, given the circumstances and conditions he finds before him that require emphasis on the killer.
Innocence in premeditated murder
Innocence in premeditated murder is not limited to a ruling that the accused has not been convicted of the murder himself, but rather this is one of the forms of innocence that we can seek as lawyers handling the case, and below we show those forms according to the cases we have initiated related to this matter:
1- Denying the act: by proving that the murder itself did not occur because of the perpetrator, neither directly nor indirectly. This is done by emphasizing the absence of any evidence to attribute the act to our client, or by the plaintiffs relying on weak evidence that does not rise to the level of defamation in the original form of innocence. This is done by discussing each evidence, refuting it, and stating its invalidity.
2- Defending the attack: We must adhere to the non-aggression of our client accused of premeditated murder, and prove that he was defending himself, his honor, or his money, and that the perpetrator was the one who started the attack and was a shooter, our client was arrested, and he does not have the right to flee or repel the attack except by killing the aggressor, and the proof here is with any evidence or based on the merits and circumstances of the case, which may include clear and direct proof that the parties to the conflict ignore.
3- Denying intent: In this case, the goal is not to exempt our accused client from responsibility, because he actually committed the act that led to the death of the victim – may God have mercy on him – but he never intended to kill, but rather he intended to beat him with the intention of causing pain or accountability, so he was extravagant and the beating resulted in the death of the victim, and the purpose here is to make the description of the act “semi-intentional killing“, not “intentional killing“, Because the first exempts the accused from retaliation (murder), and he is only obligated to pay blood money to the heirs of the murdered person, with imprisonment for a period of two and a half years for public rights.
4- Mistake: It is similar to the third argument above, but the difference is that our client, the accused here, did not commit any act of assaulting the murdered person, but rather the killing occurred due to a pure mistake that the accused did not intend. In a case, the accused was cleaning his firearm, then a bullet came out of it by mistake, hitting the victim and he died. Here, when the mistake was proven before the judge, the act was described as “wrongful killing“ It resulted in paying the wrong blood money in the amount of (300,000) three hundred thousand riyals only, without the accused being subjected to any prison sentence.
5- Reconciliation and pardon: In this case, in addition to seeking the same case before the court, our role outside the court is to seek reconciliation with the heirs of the murdered person – may God have mercy on him – as there is no doubt that the heirs of blood have suffered unbearable sadness, regret, and grief, as they lost an irreplaceable loved one, and they lost a face they loved, a voice they were accustomed to, and a place that was vibrant with life. When we ask them for forgiveness, we rely on what is stated in Islamic law regarding glorifying the reward for forgiveness and pardon
We seek to communicate well with our blood relatives, and to provide all possible material and moral compensation, and to be keen to alleviate their pain and appease them in accordance with the objectives of the Sharia, asking God to grant them patience, mend their broken hearts, and write for them the reward of forgiveness, and to make this step a reason for alleviating what has befallen them, and for raising the status of their deceased in the abode of truth.
Third: The penalty for semi-intentional murder
Unlike the penalty for premeditated murder, which is defined as retaliation, semi-premeditated murder does not involve retaliation, as it wards off suspicion. The punishment for semi-premeditated murder is limited to the heirs of the deceased, who have the special right to demand ”high blood money“.
How much is the blood money for semi-intentional murder?
The blood money for semi-intentional murder is equivalent to (100) hundred camels, and it is currently estimated in money before the Kingdom’s courts at an amount of (400,000) four hundred thousand Saudi riyals. Note that the person obligated to pay the blood money here is not only the perpetrator, but also his sane person, who is his family on the father’s side.
The general right to semi-intentional murder
The penalty for semi-intentional murder is not limited to paying blood money to the heirs of the murdered person, but rather the killer is a matter of public right with a prison sentence of (two and a half years), which is a penalty specified in Circular No. (8/T/524) dated 10/13/1415 AH, which included the text of Royal Order No. 2624 on 4/9/1372 AH, which states: «…the semi-intentional murderer is imprisoned for two and a half years, and the murderer of pure error is not covered by any of that…».
Note that the prison term set at (two and a half years) for the general right to semi-intentional murder is the minimum penalty, and this means that the judge can increase this period in his ruling, based on the merits and circumstances of the case before him, and the circumstances he deems that require tightening.
frequently asked questions
The difference between semi-intentional murder and manslaughter
Semi-intentional murder and manslaughter are similar in that the killer is not punished by retaliation, but rather is required to pay blood money to the heirs. The difference lies in the amount of blood money and imprisonment. In semi-intentional murder, the blood money is heavy, amounting to 400,000 riyals, while in manslaughter, the blood money is 300,000 riyals. Likewise, in semi-intentional murder, the killer is generally punished with imprisonment for a period of two and a half years. As for manslaughter, the basic principle is that there is no imprisonment. Finally, the difference between semi-intentional murder and manslaughter in terms of definition and explanation is represented in the act and intent. In the first, there is an act of assault without intent to kill, while in the second (mistaken murder), there is neither assault nor intent to kill, but rather pure error.
Does manslaughter require retaliation?
No, manslaughter does not require retribution, but retribution is only for premeditated murder.
Defense memorandum for premeditated murder
The defense memorandum in premeditated murder cases must revolve around the position of the accused himself, and determine whether he is a perpetrator or not. If he is a perpetrator, he searches for intent, whether he was intentional or not, and if he is not a perpetrator, he searches for evidence of his innocence.
How is retribution carried out in Saudi Arabia?
Retribution shall be carried out after it has been proven by a judicial ruling that has acquired finality and is enforceable, provided that none of the deceased’s heirs waive it. Retribution shall be carried out through the competent authority affiliated with the prison administration, by beheading with a sword, without anesthesia.
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