Justifiable homicide


  • Lawful killing
  • Permissible murder

Incidence

Article 336 of the Criminal Code of the Dominican Republic states that "homicide of the spouse is pardonable when the other spouse is caught in the act of adultery in the conjugal home, and the accused has killed either the spouse, his/her accomplice, or both".

Claim

  1. At no time is the taking of another human life justifiable, murder is murder and justifications simply hide this fact.

Counter claim

  1. The right to life implies the right to protect and defend one's own life or the life of another person against an unjust attack. Since the defence can only be effective if it is in proportion to the violence of the unjust attack, it is possible that in the act of defending oneself or another the victim may kill the assailant.


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