Is it a Crime to Kill a Legally Dead Person?

The concept of killing a legally dead person might seem paradoxical, but it taps into complex legal and ethical realms. This article explores whether such an act constitutes a crime in different jurisdictions and the legal implications involved.

User Stories and Legal Context

One might recall a scenario where a person was murdered and then legally declared dead, only to reappear in court. Such hypothetical situations often lead to discussions about double jeopardy. However, in reality, if a person is legally dead, they are no longer considered alive from a legal perspective.

Therefore, the act of killing someone deemed legally dead is generally not considered a crime. However, there are instances where legal challenges may arise, as seen in England and Wales.

Attempted Murder vs. Double Jeopardy

No, you cannot kill a dead person. But there are nuances to this, as evidenced by a tragic example. Imagine a case where a person breaks into an ex-partner's apartment and shoots them, believing they are alive. In such a situation, the person could be charged with attempted murder, not actual murder.

Desecration of a Corpse

Additionally, there is a risk of being charged with desecration of a corpse if the deceased is a legally dead person. This crime involves treating a dead body in a way that is deemed disrespectful or harmful. For instance, disturbing or defiling a corpse can result in a serious charge.

Legal Precedents and Theoretical Scenarios

Under English law, there have been cases where individuals have tried to kill people who were already dead. Consequently, these individuals are typically charged with attempted murder rather than murder. The key points here are that:

The act is impossible, but the intent is punishable. Conspiracy to commit a crime is also a chargeable offense. Two or more individuals planning to harm a deceased person can be charged with conspiracy, regardless of the success of the plan.

In a notable case, a person attempted to murder their mother, who coincidentally died of natural causes at a similar time. The individual was charged with attempted murder because the intent existed, even if the act was ultimately impossible.

Philippine Law and Impossible Crimes

In the Philippines, the concept of an "impossible crime" exists. This legal principle punishes the intent behind an act, even if the act itself is impossible to carry out. For example:

Trying to rape a dead person. Attemping to murder with a non-lethal weapon (e.g., a ballpoint pen). Attempting to burn someone with a non-flammable material.

Even though the act itself cannot be performed, the intent to commit the crime is punishable under Philippine law.

Conclusion

In summary, killing a legally dead person is generally not punishable as murder. However, depending on the circumstances and legal framework, charges such as attempted murder or desecration of a corpse may apply. These cases highlight the complexities of legal behavior surrounding death and the importance of understanding the nuances of criminal law.