The first general attorney of the South Giza Prosecution referred the defendant accused of killing his brother in the Badrashin area inside his workplace to the criminal case, and the prosecution heard the testimony of the investigator.
Certificate of investigation conductor
He testifies: that his secret investigations revealed that the accused assaulted the victim, inflicting his injury, which led to his death, and as a result of the tendency of revenge within the accused against the victim because the latter had placed him in addiction treatment facilities, he decided to get rid of him and steal him. He went to his workplace and asked for the sums of money he had in his possession, but the victim refused, so he pulled out a knife and stabbed him in the chest, which was recorded in the anatomical report and which claimed his life. Accordingly, he was able to seize him and the weapon. The user, and the accused’s intention in committing the incident was attributed to taking the life of the victim.
Confessions of his brother’s killer in Badrashin
The accused acknowledged in detail the investigations of the Public Prosecution that he had committed the incident, and that following his desire to take revenge on the victim for his continued placement in addiction treatment facilities for fear of his family’s reputation, he decided to get rid of him, steal him, and escape. On the date of the incident, he went to his work shop and demanded the sums of money he had in his possession, and with his refusal, he pulled out a white weapon – a knife – assaulting him with it by stabbing him in the chest, wounding him, intending to kill him. He became so strong that he stole the money from the store and ran away.
Order to refer the accused
The referral order stated that the accused killed the victim intentionally, with premeditation and out of revenge, because he was constantly sent to a treatment facility for addiction, where he thought carefully and was determined to take his life, so he went to where he was certain of his presence, and as soon as he got hold of it, he drew a white weapon, using it to inflict a fatal stab on him that settled in his chest, intending to kill him.
This felony was linked and followed by another misdemeanor, which is that at the same time and place he stole the amount of money described and estimated in the investigations and owned by the aforementioned victim, by going to his place of work and seizing the sums of money in his possession as soon as he had a white weapon – the subject of the next accusation.
He also seized a white weapon – a knife – without having any legal justification for carrying it, obtaining it, or possessing it, or justification for professional or literal necessity.
Penalties for premeditated murder
The second paragraph of Article 2344 of the Penal Code stipulates that “however, the perpetrator of this felony (i.e., premeditated murder) shall be sentenced to death if it precedes, is accompanied by, or is followed by another felony.”
She explained that this aggravating circumstance assumes that the perpetrator has committed, in addition to the felony murder, another felony within a short period of time, which means that there is multiple crimes with a temporal connection between them.
The general rules regarding multiple crimes and punishments stipulate that the most severe penalty for the crime shall be imposed in the case of multiple crimes that are inextricably linked to each other (Article 32/2 Penalties), and that the penalties should be multiplied by the multiple crimes if there is no such connection between them (Article 33 Penalties). The legislator, in deviating from the previous general rules, imposed the death penalty for premeditated murder in the event of it being combined with another felony, making this combination an aggravating circumstance for the penalty for premeditated murder, and the reason for it is due. The emphasis here is on the clear danger inherent in the character of the criminal, who commits the crime of murder, which in itself is extremely dangerous, but at the same time, he does not hesitate to commit another felony in a short period of time.
Stressing conditions:
Three conditions are required to increase the penalty for premeditated murder in the event of it being coupled with another felony, which are: that the perpetrator has committed a fully-fledged premeditated murder felony, that he has committed another felony, and that there must be a temporal connection between the felony murder and the other felony.
Committing the crime of premeditated murder:
This aggravating circumstance assumes that the perpetrator has committed felony murder, in its full form. Therefore, this circumstance does not exist if the felony murder stops at the point of attempt and this attempt is coupled with another felony, and the general rules regarding multiple penalties apply here.
Likewise, this aggravating circumstance does not apply if the murder committed by the perpetrator falls under the form of aggravated premeditated murder stipulated in Article 237 of the Penal Code, where the perpetrator benefits from a legal excuse that makes it a murder. Likewise, the aggravating circumstance in question does not exist, and a fortiori, if the crime committed by the perpetrator was “manslaughter” and was accompanied by another felony. An example of this is the case of a criminal who drives his car very quickly on a street crowded with pedestrians and hits a person. He kills him, and one of the witnesses to the accident tries to catch him and prevent him from escaping, so he beats him and causes him a permanent disability. In this case, the perpetrator is punished with involuntary manslaughter, in addition to the penalty for beating that leads to a permanent disability.
