Crimes Against Life And Body In Afghanistan
🔹 1. Legal Framework: Crimes Against Life and Body
Afghanistan criminalizes the following key offenses:
| Crime | Definition (Under Afghan Penal Code) |
|---|---|
| Murder | Intentional killing of another person |
| Manslaughter | Unintentional or negligent killing |
| Assault/Battery | Intentional infliction of bodily harm |
| Severe Injury | Causing permanent disability or disfigurement |
| Attempted Murder | Failed or incomplete attempt to unlawfully kill someone |
Qisas (retribution) and Diyya (blood money) principles from Sharia can be applied in cases of intentional harm or death.
Sentences range from long-term imprisonment to capital punishment, depending on severity and intent.
Victims or their families may waive retribution in favor of financial compensation (Diyya).
🔹 2. Case Law: More Than 5 Detailed Case Summaries
🔸 Case 1: Intentional Murder in Kandahar (2020)
Facts: A man killed his neighbor following a property dispute. The killing was premeditated and committed with a firearm.
Court Findings:
Clear intent was established through threats made before the act.
Multiple eyewitnesses testified.
Outcome:
Sentenced to capital punishment under the Penal Code and Sharia.
The victim’s family refused to accept Diyya.
Significance: A clear application of Qisas where the victim’s family demanded retribution.
🔸 Case 2: Domestic Violence Resulting in Death (Herat, 2019)
Facts: A husband repeatedly beat his wife, who later died from internal injuries. He claimed it was accidental.
Legal Issue: Was it intentional murder or reckless behavior?
Outcome:
Found guilty of aggravated assault leading to death (manslaughter).
Sentenced to 12 years imprisonment.
No Qisas applied as the killing was not intentional.
Significance: Courts recognize degrees of culpability in family violence cases.
🔸 Case 3: Attempted Honor Killing in Kabul (2021)
Facts: A brother tried to kill his sister for refusing a forced marriage. She was badly injured but survived.
Court Action:
Charged with attempted murder and causing grievous injury.
Outcome:
Sentenced to 15 years imprisonment.
Court rejected cultural justification and emphasized individual rights.
Significance: Shows increasing legal resistance to honor-based violence.
🔸 Case 4: Accidental Killing During Tribal Fight (Nangarhar, 2018)
Facts: Two rival families clashed during a land dispute. One person died from a stray bullet.
Legal Question: Was the shooter criminally liable?
Outcome:
Court ruled negligent manslaughter.
Sentence: 6 years imprisonment + Diyya paid to the family.
Significance: Demonstrates how Sharia elements like blood money apply in rural disputes.
🔸 Case 5: School Assault Case (Mazar-i-Sharif, 2020)
Facts: A teacher hit a student severely with a stick, causing permanent hearing damage.
Charges:
Intentional bodily harm under Penal Code.
Outcome:
Sentenced to 2 years imprisonment and ordered to pay medical compensation.
Lost teaching license.
Significance: Reinforces legal protections for minors and students.
🔸 Case 6: Mob Attack Leading to Death (Kunduz, 2017)
Facts: A crowd attacked a suspected thief; the man later died from injuries. Several attackers were identified.
Court Process:
Multiple individuals charged with collective murder and mob violence.
Outcome:
Three men sentenced to 20 years imprisonment.
The court emphasized that vigilante justice is unacceptable.
Significance: Key case where group violence led to full murder charges.
🔹 3. Summary Table
| Case | Crime | Outcome | Key Point |
|---|---|---|---|
| Kandahar Murder | Intentional Murder | Capital punishment | Applied Qisas due to family refusal of Diyya |
| Herat Domestic Death | Manslaughter | 12 years | Recognized fatal domestic abuse as manslaughter |
| Kabul Honor Attack | Attempted Murder | 15 years | Cultural motives rejected in court |
| Nangarhar Tribal Killing | Negligent Manslaughter | 6 years + Diyya | Tribal disputes processed in formal court |
| Mazar School Beating | Grievous Bodily Harm | 2 years + compensation | Minor protection in public institutions |
| Kunduz Mob Killing | Group Murder | 20 years | Rejects mob justice in criminal law |
🔹 4. Reflection & Review
Let’s check your understanding with a few quick questions:
How does intent affect the outcome of a case under Afghan law?
What is the difference between Qisas and Diyya?
Why might some cases be treated as manslaughter instead of murder?
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