Murder or manslaughter? Why this distinction is crucial in criminal law

In the media, terms such as „murder“ and „manslaughter“ are often confused. At first glance, both offences appear similar to legal laypersons - after all, both cases involve the intentional killing of a person. However, in criminal law, the distinction is of central importance: both the sentence and the assessment of the offence differ considerably. For criminal defence lawyers in particular - for example in our law firm in Bremen - it is crucial to know whether a defendant is charged with murder or manslaughter.

1 The legal basis: Sections 211 and 212 StGB

The distinction is based on two separate offences in the German Criminal Code (StGB):

• § Section 211 StGB - Murder
• § Section 212 StGB - Manslaughter

Both offences require that the life of another person has been deliberately ended. The big difference: for murder, additional so-called Murder characteristics are present. These characteristics are precisely defined and turn a „mere“ manslaughter into a murder in legal terms.

2. characteristics of murder: When a killing is considered murder

§ Section 211 of the German Criminal Code (StGB) lists several murder characteristics that relate to either the motives or the manner of the offence. If at least one of these characteristics is present, the offence is murder under criminal law. Here are some examples:

Low motives
These include, for example:

• Vindictiveness without comprehensible cause
• racist or inhuman motives
•  the „venting“ of frustration with no connection to the victim

Greed, to satisfy his sex drive and lust for murder

• Who his victim before, kills during or after a rape acts to satisfy his sex drive.
• Greed is present when the perpetrator kills in order to to enrich themselves materially - or to avoid a financial disadvantage.
• The desire to kill is present when someone kills, just for the sake of killing - i.e. for the sheer pleasure of the act of killing or the death of the victim.

Malice, cruelty and homicidal means

• Anyone who kills their victim unexpectedly in a moment of defencelessness is acting treacherously.
• Cruelty exists when the victim suffers in particular.
• Commonly dangerous means include setting fire to an inhabited house or driving a vehicle into a crowd of people.

Killing for the sake of Concealment of another offence (e.g. robbery or rape) is an element of murder.

3. manslaughter: the „killing without murder“

If these special characteristics are missing, but there is still intent, the offence is Manslaughter according to § 212 StGB. Here, too, the perpetrator acts intentionally, but without the aggravating circumstances that characterise murder.
Particularly in emotionally charged situations - such as an escalating argument - intentional homicide can quickly occur, although this is not murder in the criminal sense.

4. differences in sentencing

The distinction is highly relevant not only in legal terms, but also for the accused, as the sentence differs significantly:

• Murder (§ 211 StGB)Mandatory life imprisonment
• Manslaughter (§ 212 StGB)Imprisonment for not less than five years, in particularly serious cases also life imprisonment

This means that if a defendant is convicted of murder, there is no lenient sentence. In the case of manslaughter, on the other hand, the court is freer in sentencing - depending on the specific individual case.

5. statute of limitations: murder never expires

Another difference: Murder is not time-barred. This means that a defendant can still be prosecuted decades after the offence. In the case of manslaughter, on the other hand 20 years limitation period one. This provision shows how strongly the legislator categorises murder as a particularly reprehensible wrong.

6. self-defence and acts of passion: criminal law classification with consequences

Not every killing is automatically murder or manslaughter. In criminal defence in particular, we examine very carefully whether Justification reasons such as self-defence or guilt-reducing circumstances such as a strong affect were present.

• Self-defence (§ 32 StGB)
  Anyone who defends themselves against a present, unlawful attack is acting justifiably. Killing in defence of an attack - for example in the case of an armed break-in - can remain unpunished under certain conditions.
• Affective offence (§ 213 StGB)
  If the perpetrator acts under the influence of a strong emotional arousal, e.g. after a serious provocation by the victim, the sentence can be significantly reduced. In such cases, the offender is often convicted of manslaughter instead of murder - with a corresponding reduction in sentence.

7. practical categorisation: examples for illustration

Murder case:
Two people are in a relationship. One of them suspects that their partner is cheating on them and deliberately plans to kill them - secretly in their sleep, for example. The combination of jealousy, malice and planning speaks in favour of murder.

Manslaughter case:
An argument escalates in a pub. Out of the situation, one person repeatedly strikes another without any prior plan. Although the offence is premeditated, it lacks the characteristics of murder - it is manslaughter.

Conclusion: Legal differentiation with a major impact

Even if „murder“ and „manslaughter“ are often equated in the public perception - legally, the distinction makes a serious difference. For defence lawyers, this distinction is essential, as it often determines many years of imprisonment.
The assessment always depends on the individual case - on the specific circumstances, motives and inner attitude of the accused. Anyone confronted with such an accusation should urgently consult a specialised criminal defence lawyer.

As a law firm with offices in Bremen, Sulingen, Osnabrück and online, we provide competent and experienced support to defendants in criminal proceedings. Particularly in the case of serious charges such as murder or manslaughter, an early and committed defence is crucial. Please contact us for a confidential initial consultation.

FAQs on the topic of „Murder vs manslaughter“

1 When is murder and when is manslaughter?
Murder only exists if certain murder characteristics are present in addition to the intentional killing - such as malice, greed or cruelty. If these characteristics are missing, it is usually manslaughter.

2. are there different penalties for murder and manslaughter?
Yes, murder is punishable by life imprisonment. Manslaughter, on the other hand, has a minimum sentence of five years, but can also be punished with life imprisonment depending on the case.

3. is a murder time-barred at some point?
No, murder is not time-barred. Prosecution is still possible decades after the offence. Manslaughter, on the other hand, is time-barred after 20 years.

4. can self-defence justify a killing?
Yes, if the requirements of self-defence (Section 32 StGB) are met, a killing can be justified and therefore exempt from punishment. However, this only applies if the defence was necessary and proportionate.

5 What does an offence of affect mean in criminal law?
In an act of passion, the perpetrator acts out of strong emotional arousal - e.g. through provocation. In such cases, the court can mitigate the sentence or only recognise manslaughter instead of murder.