Title Eight – Crimes Against Persons (Addendum)

Parricide, Murder, Homicide, Death under exceptional circumstances, Infanticide

Provision Art 246 – Parricide Art 248 – Murder Art 249 – Homicide Art 247 – Death or Art 255 – Infanticide
physical injuries
inflicted under
exceptional
circumstances
Act punishable Killing a person Killing or inflicting Killing a child
physical injuries
Deceased Father, mother, or child Any person Any person Spouse or daughter Child less than 3 days
(whether legitimate or under 18 living with the old
illegitimate), or any of parents, and the sexual
his descendants, or his partner
spouse
Offender Related to deceased Any person Any person Spouse or parent Any person (if parent,
mother, or ascendant –
parricide)
Circumstances Presence of a Committed with the Not attended by any of Surprises Considered mitigating if
relationship between presence of: the qualifying spouse/daughter in the done by mother or
the offender and - treachery, taking circumstances for act of committing sexual maternal grandparents
offended advantage of superior murder or infanticide intercourse with another for concealment of
strength, with the aid of dishonor
armed men, or
employing means to
weaken the defense or
of means or persons to
insure or afford
impunity.
- price, reward, or
promise.
- inundation, fire,
poison, explosion,
shipwreck, stranding of
a vessel, derailment or
assault upon a street
car or locomotive, fall of
an airship, by means of
motor vehicles, or with
the use of any other
means involving great
waste and ruin.
- calamities enumerated
in the preceding
 paragraph, or of an
earthquake, eruption of
a volcano, destructive
cyclone, epidemic or
other public calamity.
- evident premeditation.
- cruelty, by deliberately
and inhumanly
augmenting the
suffering of the victim,
or outraging or scoffing
at his person or corpse.
Punishable as felony felony felony NOT a felony felony

Tumultuous Affrays

Provision Art 251 – Death caused in a tumultuous affray Art 252 – Physical injuries inflicted in a
tumultuous affray
Necessary element Tumultuous affray
Occurrence Someone was killed in the course of the affray Participant(s) suffered serious or less serious
physical injuries
Victim Need not be one of the participants Must be a participant
Offender Killer cannot be identified Persons responsible cannot be identified
Persons punishable The person(s) who inflicted serious physical All those who appear to have used violence upon
injuries or who used violence who can be identified the person of the offended part who are known

Abortion

Provision Art 256 – Intentional Abortion Art 257 – Unintentional Abortion

Necessary Element
Ways of Commission
Result of the violence
Intent
Pregnant woman
Violence is exerted, or drugs or beverages Violence is exerted intentionally
administered, or acts with the consent of the
woman
Fetus dies, either in womb or after having been expelled therefrom
Abortion is intentional Violence was exerted without intending abortion

Provision Art 258 – Abortion practiced by the woman Art 259 – Abortion practiced by a physician or
herself or by her parents midwife and dispensing of abortives
Necessary element Pregnant woman who has suffered an abortion
Intent Abortion was intended
Offender Pregnant woman, any other person with her Physician or midwife OR a pharmacist who takes
consent, or her parents for the purpose of advantage of his/her scientific knowledge or skill
concealing her dishonor