The Punishment of Murder in the Criminal Law of Afghanistan

Every society reacts in certain ways to criminal acts such as murder. In this essay، the reaction of Afghani legal system to the crime of murder and elements of murder will be examined. Firstly، through the introduction، different types of punishment prescribed in Afghani Criminal Act will be addressed، as well as the issue of implementation or non-implementation of Qisas (religious punishment providing that murder’s blood must be shed) which has given rise to ambiguity in punishment of murder. Under the heading of Mens Rea in the first book of the Afghan Criminal Act، the concepts of criminal intention and contingent intent have been recognized. Thus، crime of murder، accordingly، can be categorized into murder in the absolute sense and presumed as a murder. In the first part، the punishment for the murder in the absolute sense and the impacts of exacerbating circumstances on that will be considered. The second part will be dedicated to the analysis of the presumed murder. Finally، the consequential and complimentary punishments and civil liability arising out of the murder will be briefly dealt with in the third part.