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Today’s Legal Enlightenment (Tuesday, 16 August 2022) – THE ELEMENTS OF ‘WITH A PLAN IN ADVANCE’ TO DEPRIVE ANOTHER PERSON OF THEIR LIFE

Several written works have described the elements of “with a plan in advance,” which are:

1. Decision to conduct the will is made in a calm state. 

2. There is sufficient time available from the emergence of the will to its execution. 

3. Execution of the will (deed) is made in a calm state.

The element of premeditated murder offense (Moord) in Article 340 of the Criminal Code is the same as that of an ordinary murder offense (Article 338 of the Criminal Code) added with the element of planning.

→ Supreme Court Decision No. 351 K/Pid/2017, 7 June 2017.


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