Constitutional Court says heavier penalty for parricide constitutional
The Constitutional Court on Thursday ruled constitutional a provision of the Criminal Act that imposes harsher penalties for those who murder their own family members than those convicted of ordinary murder. The court voted 8-1 on a petition filed by an individual who argued that Article 250, Paragraph 2 of the Criminal Act, which defines the crime of murdering a lineal ascendant, violates the…
In a landmark ruling on Thursday, the Constitutional Court deemed a provision in the Criminal Act constitutional, which mandates stiffer penalties for parricide compared to standard murder. The 8-1 vote came after a petition submitted by an individual who contended that Article 250, Paragraph 2 of the Criminal Act infringes upon constitutional rights to equality and the pursuit of happiness.
The provision delineates that those who inflict harm upon their own immediate family members, including spouses, face a minimum prison term of seven years, whereas perpetrators of non-family murders receive a minimum of five years. The plaintiff, who was convicted of killing their father through neglect while serving as his caregiver, was sentenced to four years in prison in March 2022.
The court emphasized that taking the life of a lineal ascendant irreparably damages the unique bond and trust between parent and child, and consequently undermines the very core of the family unit.
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