Oldal 155 [155]
OCR
THE REFORM OF THE LAW OF HOMICIDE IN ISRAEL Some of the circumstances refer directly to the mental element and enhance the disrespect shown by the defendant to the value of human life, such as the deliberated (premeditated) killing; the killing coupled with a wrongful purpose such as the purpose to commit another offense or escape justice; the killing out of a base motive such as a racist or hostile motive towards a group. Other cases are instances in which strong inhibitions are expected to prevent the conduct and the defendants act shows the opposite — the lack of inhibitions. This applies to killing of the helpless or minors, killing with special cruelty or abuse (also in premeditated killing). It proves a special moral depravity. In another group of cases the value of human life is additionally attacked, as in exposing another person to danger to his life — it also proves a high level of disrespect to the value of human life; or when another protected interest is endangered, such as the administration of justice in killing a witness or a judge, the duty to special protection owed to minors and helpless people, human dignity in killing with cruelty, racist killing, or killing as a punitive action. In some cases the wrongdoing is increased (and so does the culpability) because of the general fear and sense of insecurity caused by the killing, as in the context of terrorism and criminal organizations, racist killings, killings as a punitive action. Homicide in circumstances of dinished liability/responsibility” In the new law, there are 4 cases of diminished liability/responsibility: (a) Killing the abuser Killing the abuser is the most lenient case of diminished liability/responsibility, with 15 years of imprisonment as a maximum sentence. It is a homicide committed by the defendant in a state of serious mental distress, caused by severe and continued abuse of herself or of a member of her family by the person whose death the defendant caused. Killing the abuser has unique characteristics, bearing in mind the ramifications on the victim of consistent abuse. The abused victim suffers from a collapse of trust in the home as a safe haven (one’s castle) and in one’s body as a taboo site protected from unwanted touch, as a necessary condition for a person’s peace of mind and autonomy. The abuse shapes also loneliness, helplessness, a constant state of fear, a feeling of worthlessness, shrinking of the cognitive and volitional faculties — the conditions of personal autonomy. It is perhaps most those included in the aggravated case and those excluded, and the rarity of these kinds of cases. 33 Section 301B of the Penal Code, Amendment 137. + 153 *
