Crimes are classified in various ways. One of them consists of differentiating two aspects, guilt and fraud. This distinction is relevant because with it it is possible to accurately determine the degree of responsibility of an individual in his criminal behavior.
Painful
A crime is malicious when someone acts under two premises: they have knowledge about what they are doing and they behave completely voluntarily. In other words, the individual who commits a crime knows with certainty that something bad is going to happen and nevertheless executes an action so that the bad thing finally happens. Thus, whoever shoots another person in a premeditated manner and manages to end his life, has committed a crime of homicide with direct intent.
Another type of intentional homicide would be the eventual one. In it, the individual knows with certainty that his behavior is criminal and risky, but he does not want to cause disproportionate harm. This occurs when someone drives at a very high speed and as a result runs over someone and kills them.
Guilty
In this type of crime, the person who carries out the killing does not act with premeditation, treachery or cruelty, but behaves in a reckless and negligent manner.
Imagine someone is cleaning their firearm in front of other people and the weapon goes off and causes the death of a nearby person. In this case, there is no intention to kill, but it is irresponsible behavior because cleaning of the weapon should be carried out with certain precautionary measures.
The difference between both types of homicide is based on the idea of intentionality.
In wrongful death, the perpetrator behaves involuntarily, that is, he does not intend to kill but someone dies due to some kind of recklessness or negligence. On the contrary, it is classified as intentional homicide when it is shown that the death of someone has occurred intentionally by the aggressor.
Obviously, in order to determine whether a homicide is of one type or another, it is necessary to clarify all the circumstances related to the death of the victim: the means used to commit the crime, the relationship between the accused and the deceased, under what circumstances death occurred, possible mitigating factors, etc.
In the penal code of any country, intentional homicide is accompanied by higher prison sentences than wrongful death.
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