PARRICIDE
Strictly speaking, parricide, from the Latin parricidia, is the act of killing one’s father. Le Petit Robert however gives a broader definition of the term: i.e. the killing of one’s father, mother, or any other legitimate ascendant.
What distinguishes parricide is the existence of a familial bond between the perpetrator and the victim. Parricide is universally condemned.
For an act to constitute parricide, three elements must be present simultaneously: the legal element, the material element, and the moral element.
- The Legal Element of Parricide (parricide as an aggravated form of murder)
The legal element refers to the provisions of the Criminal Code that establish and punish this offence. It is however important to recall that according to legal doctrine, it is the intentional act of causing the death of another person. There is murder when a violent act is committed against another and this act has resulted in the victim’s death. There must also be proof that the perpetrator acted voluntarily and with the intention of causing death. The penalty for murder is life imprisonment (Section 275 of the Criminal Code).
Parricide is provided for and punished under Section 351 of the Criminal Code, under “Assault on ascendant”, which states:
“The penalty prescribed by Section 275 above shall be death, and that prescribed under Sections 277 (Grievous harm) and 278 (fatal blows) of this Code shall be life imprisonment, where the offences referred to are committed against the legitimate, natural or adoptive father or mother or against any other legitimate ascendant of the offender; and the penalties prescribed by Sections 279 (1) (Blows resulting in grievous harm), 280 (simple injuries), and 281 (minor injuries) shall be doubled.”
- The Material Element of Parricide
This element is established through the commission of an act or gesture by the perpetrator that results in the death of another person, specifically the father, mother or any other ascendant of the alleged offender. It must be proven that a positive act of violence was committed by the perpetrator. Murder, and in the present context parricide, is generally regarded as an offence of commission; it cannot be constituted by a mere omission. Furthermore, the means used are legally irrelevant: it matters little whether the offender used a weapon or killed with his bare hands. There is, however, one particular circumstance in which the means do become significant, namely when death results from the administration of a lethal substance. In such a case, the act is characterised as poisoning.
- The Moral Element of Parricide
For murder or parricide to be established, it must be shown that the perpetrator possessed criminal intent. This requires proof that the act causing the victim’s death was carried out voluntarily by the offender. However, this is not sufficient: it must also be demonstrated that the fatal outcome was intended by the perpetrator. There must be proof of an intention to kill, which entails that parricide/murder presupposes that the act was committed by someone who sought to cause death. Therefore death must definitely be the result desired by the offender.
Note: This element should not be confused with premeditation. A murderer acts against a specific person, but the intention to kill may be established even when the offender did not target a particular individual but intended the death of one or more persons in general. In such cases, the intention to cause the death of another still exists and satisfies the moral element.
- Initiatives of the Ministry of Women’s Empowerment and the Family
Based on the above-mentioned legal provision, it should be noted that the Ministry of Women’s Empowerment and the Family plays a key role in raising awareness amongst the population, communities and families with a view to preventing violence, particularly violence against women and, furthermore, violence directed at their parents (fathers, mothers and any other relatives of the presumed perpetrators).
This role is fulfilled by:
- The development of policy documents and communication materials on gender-based violence and on conjugal, domestic and family violence;
- The dissemination of legal instruments for the protection and promotion of women and the family;
- The implementation of various programmes, such as the Positive Parenting Programme and Comprehensive Sexuality Education;
- The promotion of non-violent communication within families and communities;
- etc.
In sum, the rise in cases of parricide and matricide is deeply concerning. The measures implemented by MINPROFF, although fully in line with the preventive function of criminal law, remain limited and call for exemplary sanctions and actions to put an end to these antisocial behaviours, which undermine harmony and peace within our families, our communities and our country as a whole.