Plea Bargain Murder Case
Summary
Premeditation in the French Penal Code involves intention formed before the act, requiring reflection and planning. In this case, the defendants actions were impulsive and influenced by intoxication, lacking premeditation. Key references include Article 111-1 of the French Penal Code and case laws such as Cass. Crim., 22 janvier 1975, and Cass. Crim., 4 février 1998, which emphasize the need for a deliberate and calculated decision. The Mauritius Penal Code distinguishes murder from manslaughter by premeditation, which is absent here. Texts like Garraud et Garçon support that premeditation requires a reflective state of mind. A plea bargain is requested to reconsider the charge to manslaughter, reflecting the crimes nature and the defendants remorse.Full Conversation
c est quoi la premiditation d'apresle code penal francais. citez les autoritees et cas sur la premiditation. quels sont les elements qui constituent la premiditation
Premeditation, according to the French Penal Code, is defined as the intention to commit a crime formed before the act, without being influenced by a sudden impulse.
Elements of Premeditation:
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Intention beforehand: The decision must be made prior to the act.
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Reflection and planning: There must be a period of contemplation and preparation.
Authorities and Case Law:
- Article *-* of the French Penal Code: Defines premeditation.
- Cass. crim., * janvier * (Garraud et Garçon): Emphasizes the need for a calm and reflective state of mind for premeditation.
- Cass. crim., * février *: States premeditation must be deliberate and calculated, not spontaneous.
- Garraud et Garçon: Both texts assert that premeditation involves reflection and planning.
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