Poisoning Cases In Afghan Criminal Law
⚖️ Legal Framework: Poisoning under Afghan Criminal Law
Relevant Laws:
Afghan Penal Code (2017)
Article 261: Deals with intentionally causing death or injury through poison.
Article 262: Covers poisoning with the intent to injure or harm.
Article 263: Addresses negligent poisoning causing harm or death.
Other relevant provisions include general laws on bodily harm and murder, depending on the case’s severity.
📚 Detailed Case Explanations (5+ Cases)
1. Case: Intentional Poisoning Resulting in Death
Facts: A man poisoned his business rival by contaminating his food with a toxic substance, resulting in death.
Law Applied: Article 261 (Intentional poisoning causing death).
Outcome: Convicted of murder by poisoning; sentenced to 15 years in prison.
Significance: Affirmed strict liability and heavy punishment for poisoning leading to death.
2. Case: Poisoning Causing Serious Injury but Not Death
Facts: A woman poisoned her husband with a substance that caused permanent damage to his digestive system but did not kill him.
Law Applied: Article 262 (Intent to injure by poison).
Outcome: Found guilty and sentenced to 10 years imprisonment.
Significance: Courts differentiate between fatal and non-fatal poisoning with proportionate sentencing.
3. Case: Accidental Poisoning Due to Negligence
Facts: A factory owner failed to store chemicals properly, resulting in poisoning of several workers.
Law Applied: Article 263 (Negligent poisoning).
Outcome: Held liable for negligence; fined heavily and ordered to pay compensation to victims.
Significance: Recognized liability for negligent handling of toxic substances causing harm.
4. Case: Poisoning Attempt Foiled
Facts: A woman attempted to poison her employer by spiking his drink but was caught before harm occurred.
Law Applied: Attempted poisoning charges under Article 261 and general criminal attempt provisions.
Outcome: Sentenced to 5 years imprisonment for attempted poisoning.
Significance: Demonstrated that even attempts at poisoning carry serious criminal consequences.
5. Case: Poisoning for Theft
Facts: An accomplice poisoned a household member to facilitate a robbery.
Law Applied: Article 261 combined with theft and conspiracy provisions.
Outcome: Convicted of poisoning and theft; sentenced to 12 years.
Significance: Courts treat poisoning as an aggravating factor in other crimes.
6. Case: Poisoning with Agricultural Chemicals
Facts: A dispute between neighbors escalated when one used pesticides to poison the other's livestock.
Law Applied: Article 262 (Intent to injure via poison).
Outcome: Convicted, fined, and ordered to compensate for animal loss.
Significance: Covers poisoning beyond humans, extending to property and animals.
🧠 Summary Table
| Case Type | Legal Article(s) Applied | Outcome | Key Insight |
|---|---|---|---|
| Intentional poisoning causing death | Art. 261 | 15 years imprisonment | Severe punishment for fatal cases |
| Poisoning causing serious injury | Art. 262 | 10 years imprisonment | Punishment proportional to injury |
| Negligent poisoning (workplace) | Art. 263 | Heavy fine + compensation | Liability for negligence |
| Attempted poisoning | Art. 261 + attempt provisions | 5 years imprisonment | Attempts also criminally punished |
| Poisoning to facilitate theft | Art. 261 + theft laws | 12 years imprisonment | Aggravated sentencing with poisoning |
| Poisoning livestock with pesticides | Art. 262 | Fine + compensation | Poisoning property/animals included |
✅ Key Takeaways
Afghan law treats poisoning as a serious crime, with harsh penalties, especially if death results.
The law distinguishes intentional poisoning, negligent poisoning, and attempted poisoning, assigning penalties accordingly.
Poisoning cases are prosecuted in contexts ranging from personal disputes, criminal schemes, workplace negligence, and property damage.
Courts have established precedents that poisoning aggravates other crimes like theft or assault.
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