\u2014\u2014\u7f8e\u56fd\u5973\u4e3b\u6301\u5632\u8bbd\u52a0\u62ff\u5927\u53f8\u6cd5\u5236\u5ea6<\/p>\n
\u6377\u514b\u4f73\/\u5b89\u7701\u201c\u516c\u6c11\u65e5\u201d\u53bb\u7f8e\u56fd\u7ebd\u7ea6\u5dde\u65c5\u6e38\uff0c\u591c\u5bfb\u65c5\u5e97\u9014\u4e2d\u6253\u5f00\u6536\u97f3\u673a\uff0c\u6536\u542c\u7ebd\u7ea6\u5dde\u7f57\u5207\u65af\u7279\u5e02(Rochester)\u7684\u4e00\u95f4\u65b0\u95fb\u7535\u53f0AM 1040(WYSL)\uff0c\u4e00\u4f4d\u5973\u4e3b\u6301\u4eba\u5728\u8131\u53e3\u79c0\u4e2d\u81ea\u8a00\u81ea\u8bed\uff0c\u8c08\u8bdd\u7684\u4e3b\u9898\u662f\u52a0\u62ff\u5927\u7684\u7070\u72d7\u5df4\u58eb\u51f6\u6740\u6848\uff0c\u8be5\u4e3b\u6301\u4eba\u5bf9\u4e8e\u51f6\u6848\u73b0\u573a\u52a0\u62ff\u5927\u4eba\u7684\u8868\u73b0\u5927\u52a0\u97ad\u7b1e\uff0c\u8ba4\u4e3a\u90a3\u4e9b\u4eba\u7684\u81ea\u6211\u4fdd\u62a4\u884c\u4e3a\u8fc7\u4e8e\u5f3a\u70c8\uff0c\u773c\u89c1\u53d7\u5bb3\u8005\u88ab\u5272\u5934\u9885\u5374\u4e0d\u53bb\u5236\u6b62\u3002\u6b64\u5916\uff0c\u5973\u4e3b\u6301\u62a8\u51fb\u52a0\u62ff\u5927\u7684\u53f8\u6cd5\u5236\u5ea6\uff0c\u8bf4\u5403\u4e0b\u5185\u810f\u624d\u5b9a\u7f6a\u4e8c\u7ea7\u8c0b\u6740\uff0c\u96be\u9053\u5403\u4e0b\u6574\u4e2a\u8eab\u4f53\u624d\u662f\u4e00\u7ea7\u8c0b\u6740\uff1f\u5973\u4e3b\u6301\u8a00\u8c08\u4e2d\u4e0d\u65f6\u53d1\u51fa\u51b7\u7b11\uff0c\u53ea\u662f\u6ca1\u6709\u6ca1\u6709\u8bb0\u4f4f\u5979\u7684\u59d3\u540d\u3002<\/p>\n
\u4ece\u52a0\u62ff\u5927\u53f8\u6cd5\u90e8\u7f51\u7ad9\u67e5\u9605\u300a\u52a0\u62ff\u5927\u5211\u6cd5\u300b(The Criminal Code of Canada)\uff0c\u6709\u5173\u201c\u8c0b\u6740\u201d\u7684\u5b9a\u4e49\u5982\u4e0b\uff1a<\/p>\n
MURDER, MANSLAUGHTER AND INFANTICIDE<\/strong><\/p>\n Murder<\/p>\n 229. Culpable homicide is murder Murder in commission of offences<\/p>\n 230. Culpable homicide is murder where a person causes the death of a human being while committing or attempting to commit high treason or treason or an offence mentioned in section 52 (sabotage), 75 (piratical acts), 76 (hijacking an aircraft), 144 or subsection 145(1) or sections 146 to 148 (escape or rescue from prison or lawful custody), section 270 (assaulting a peace officer), section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), 273 (aggravated sexual assault), 279 (kidnapping and forcible confinement), 279.1 (hostage taking), 343 (robbery), 348 (breaking and entering) or 433 or 434 (arson), whether or not the person means to cause death to any human being and whether or not he knows that death is likely to be caused to any human being, if Classification of murder<\/p>\n 231. (1) Murder is first degree murder or second degree murder. Murder reduced to manslaughter<\/p>\n 232. (1) Culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation. Infanticide<\/p>\n 233. A female person commits infanticide when by a wilful act or omission she causes the death of her newly-born child, if at the time of the act or omission she is not fully recovered from the effects of giving birth to the child and by reason thereof or of the effect of lactation consequent on the birth of the child her mind is then disturbed. Manslaughter<\/p>\n 234. Culpable homicide that is not murder or infanticide is manslaughter. Punishment for murder<\/p>\n 235. (1) Every one who commits first degree murder or second degree murder is guilty of an indictable offence and shall be sentenced to imprisonment for life. Manslaughter<\/p>\n 236. Every person who commits manslaughter is guilty of an indictable offence and liable Punishment for infanticide<\/p>\n 237. Every female person who commits infanticide is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. Killing unborn child in act of birth<\/p>\n 238. (1) Every one who causes the death, in the act of birth, of any child that has not become a human being, in such a manner that, if the child were a human being, he would be guilty of murder, is guilty of an indictable offence and liable to imprisonment for life. Attempt to commit murder<\/p>\n 239. (1) Every person who attempts by any means to commit murder is guilty of an indictable offence and liable Accessory after fact to murder<\/p>\n 240. Every one who is an accessory after the fact to murder is guilty of an indictable offence and liable to imprisonment for life. http:\/\/laws.justice.gc.ca\/en\/C-46\/<\/p>\n http:\/\/laws.justice.gc.ca\/en\/showdoc\/cs\/C-46\/bo-ga:l_VIII-gb:s_229\/\/en#anchorbo-ga:l_VIII-gb:s_229<\/p>\n","protected":false},"excerpt":{"rendered":" \u2014\u2014\u7f8e\u56fd\u5973\u4e3b\u6301\u5632\u8bbd\u52a0\u62ff\u5927\u53f8\u6cd5\u5236\u5ea6 \u6377\u514b\u4f73\/\u5b89\u7701\u201c\u516c\u6c11\u65e5\u201d\u53bb\u7f8e\u56fd\u7ebd\u7ea6\u5dde\u65c5\u6e38\uff0c\u591c\u5bfb\u65c5\u5e97\u9014\u4e2d\u6253\u5f00\u6536\u97f3\u673a\uff0c\u6536\u542c\u7ebd\u7ea6\u5dde\u7f57\u5207\u65af\u7279\u5e02(Rochester)\u7684\u4e00\u95f4\u65b0\u95fb\u7535\u53f0AM 1040(WYSL)\uff0c\u4e00\u4f4d\u5973\u4e3b\u6301\u4eba\u5728\u8131\u53e3\u79c0\u4e2d\u81ea\u8a00\u81ea\u8bed\uff0c\u8c08\u8bdd\u7684\u4e3b\u9898\u662f\u52a0\u62ff\u5927\u7684\u7070\u72d7\u5df4\u58eb\u51f6\u6740\u6848\uff0c\u8be5\u4e3b\u6301\u4eba\u5bf9\u4e8e\u51f6\u6848\u73b0\u573a\u52a0\u62ff\u5927\u4eba\u7684\u8868\u73b0\u5927\u52a0\u97ad\u7b1e\uff0c\u8ba4\u4e3a\u90a3…
\n(a) where the person who causes the death of a human being
\n(i) means to cause his death, or
\n(ii) means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not;
\n(b) where a person, meaning to cause death to a human being or meaning to cause him bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not, by accident or mistake causes death to another human being, notwithstanding that he does not mean to cause death or bodily harm to that human being; or
\n(c) where a person, for an unlawful object, does anything that he knows or ought to know is likely to cause death, and thereby causes death to a human being, notwithstanding that he desires to effect his object without causing death or bodily harm to any human being.
\nR.S., c. C-34, s. 212.<\/p>\n
\n(a) he means to cause bodily harm for the purpose of
\n(i) facilitating the commission of the offence, or
\n(ii) facilitating his flight after committing or attempting to commit the offence,
\nand the death ensues from the bodily harm;
\n(b) he administers a stupefying or overpowering thing for a purpose mentioned in paragraph (a), and the death ensues therefrom; or
\n(c) he wilfully stops, by any means, the breath of a human being for a purpose mentioned in paragraph (a), and the death ensues therefrom.
\n(d) [Repealed, 1991, c. 4, s. 1]
\nR.S., 1985, c. C-46, s. 230; R.S., 1985, c. 27 (1st Supp.), s. 40; 1991, c. 4, s. 1.<\/p>\n
\nPlanned and deliberate murder
\n(2) Murder is first degree murder when it is planned and deliberate.
\nContracted murder
\n(3) Without limiting the generality of subsection (2), murder is planned and deliberate when it is committed pursuant to an arrangement under which money or anything of value passes or is intended to pass from one person to another, or is promised by one person to another, as consideration for that other\u2019s causing or assisting in causing the death of anyone or counselling another person to do any act causing or assisting in causing that death.
\nMurder of peace officer, etc.
\n(4) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the victim is
\n(a) a police officer, police constable, constable, sheriff, deputy sheriff, sheriff\u2019s officer or other person employed for the preservation and maintenance of the public peace, acting in the course of his duties;
\n(b) a warden, deputy warden, instructor, keeper, jailer, guard or other officer or a permanent employee of a prison, acting in the course of his duties; or
\n(c) a person working in a prison with the permission of the prison authorities and acting in the course of his work therein.
\nHijacking, sexual assault or kidnapping
\n(5) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder in respect of a person when the death is caused by that person while committing or attempting to commit an offence under one of the following sections:
\n(a) section 76 (hijacking an aircraft);
\n(b) section 271 (sexual assault);
\n(c) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm);
\n(d) section 273 (aggravated sexual assault);
\n(e) section 279 (kidnapping and forcible confinement); or
\n(f) section 279.1 (hostage taking).
\nCriminal harassment
\n(6) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 264 and the person committing that offence intended to cause the person murdered to fear for the safety of the person murdered or the safety of anyone known to the person murdered.
\nMurder during terrorist activity
\n(6.01) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused while committing or attempting to commit an indictable offence under this or any other Act of Parliament where the act or omission constituting the offence also constitutes a terrorist activity.
\nUsing explosives in association with criminal organization
\n(6.1) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused while committing or attempting to commit an offence under section 81 for the benefit of, at the direction of or in association with a criminal organization.
\nIntimidation
\n(6.2) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused while committing or attempting to commit an offence under section 423.1.
\nSecond degree murder
\n(7) All murder that is not first degree murder is second degree murder.
\nR.S., 1985, c. C-46, s. 231; R.S., 1985, c. 27 (1st Supp.), ss. 7, 35, 40, 185(F), c. 1 (4th Supp.), s. 18(F); 1997, c. 16, s. 3, c. 23, s. 8; 2001, c. 32, s. 9, c. 41, s. 9.<\/p>\n
\nWhat is provocation
\n(2) A wrongful act or an insult that is of such a nature as to be sufficient to deprive an ordinary person of the power of self-control is provocation for the purposes of this section if the accused acted on it on the sudden and before there was time for his passion to cool.
\nQuestions of fact
\n(3) For the purposes of this section, the questions
\n(a) whether a particular wrongful act or insult amounted to provocation, and
\n(b) whether the accused was deprived of the power of self-control by the provocation that he alleges he received,
\nare questions of fact, but no one shall be deemed to have given provocation to another by doing anything that he had a legal right to do, or by doing anything that the accused incited him to do in order to provide the accused with an excuse for causing death or bodily harm to any human being.
\nDeath during illegal arrest
\n(4) Culpable homicide that otherwise would be murder is not necessarily manslaughter by reason only that it was committed by a person who was being arrested illegally, but the fact that the illegality of the arrest was known to the accused may be evidence of provocation for the purpose of this section.
\nR.S., c. C-34, s. 215.<\/p>\n
\nR.S., c. C-34, s. 216.<\/p>\n
\nR.S., c. C-34, s. 217.<\/p>\n
\nMinimum punishment
\n(2) For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by this section is a minimum punishment.
\nR.S., c. C-34, s. 218; 1973-74, c. 38, s. 3; 1974-75-76, c. 105, s. 5.<\/p>\n
\n(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
\n(b) in any other case, to imprisonment for life.
\nR.S., 1985, c. C-46, s. 236; 1995, c. 39, s. 142.<\/p>\n
\nR.S., c. C-34, s. 220.<\/p>\n
\nSaving
\n(2) This section does not apply to a person who, by means that, in good faith, he considers necessary to preserve the life of the mother of a child, causes the death of that child.
\nR.S., c. C-34, s. 221.<\/p>\n
\n(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
\n(i) in the case of a first offence, five years, and
\n(ii) in the case of a second or subsequent offence, seven years;
\n(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
\n(b) in any other case, to imprisonment for life.
\nSubsequent offences
\n(2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
\n(a) an offence under this section;
\n(b) an offence under subsection 85(1) or (2) or section 244; or
\n(c) an offence under section 220, 236, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.
\nHowever, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.
\nSequence of convictions only
\n(3) For the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.
\nR.S., 1985, c. C-46, s. 239; 1995, c. 39, s. 143; 2008, c. 6, s. 16.<\/p>\n
\nR.S., c. C-34, s. 223.<\/p>\n
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