Spouse murder
Spousal murder refers to the murder of the spouse .
In the Roman Catholic canonical marriage law , spouse murder constitutes an obstacle to further marriages (cf. can 1090 CIC).
It is essential that the murder of the previous spouse was carried out with the intention of entering into a marriage with a specific new partner. It does not matter whether someone killed their own partner or the other's partner. In canon law it is important, on the one hand, that the husband's murder is connected with adultery and, on the other hand , that it took place with the consent of the two people willing to marry. This differs from private law regulations - for example in the Austrian ABGB (in the version before the marriage law 1938 came into force) - where an attempt is sufficient and consent is not a prerequisite for the impediment to marriage to occur. The purpose of the regulation in Austrian private law was to maintain public order .
The obstacle also exists if the partners jointly caused the partner's death with the stated intention, be it through physical or moral activity.
Criminologically it can be established that the husband is more likely to be the perpetrator than the wife, but women tend to be punished more severely. The reason for this is that because the physical strength tends to be inferior, the killing by the wife does not take place in an argument, but after careful consideration and planning when the spouse is defenseless. This is also criticized from the feminist side.
literature
- Matthias Franke: Spouse murder in early modern Electoral Saxony. The case of Dorothea Eleonora Saalbach from the early 18th century. Master's thesis TU Dresden, 2009 ( online at der-geschichtsleistungs.de ).
- Silke Göttsch: "Much time, however, she had wished to have another husband". Spouse murder in the 18th century. In: Otto Ulbricht (Ed.): From whores and raven mothers. Female Crime in the Early Modern Period. Böhlau, Cologne / Weimar / Vienna 1995, ISBN 3-412-06095-X , pp. 313–334.
- Dorothea Nolde : spouse murder. Power and Violence in Early Modern Marriage. Böhlau, Cologne / Weimar / Vienna 2003, ISBN 3-412-16600-6 .
Web links
Individual evidence
- ↑ Johann Nepomuk Schwerdling: What have observed the chaplain of the Imperial Austrian States after the general civil law in the book of 1 st Juny 1811 in matrimonial matters? Joseph Kastner, Linz 1812, pp. 142–144 ( online at dlib-pr.mpier.mpg.de ).
- ↑ Thomas Dolliner : The Austrian marriage law. Volume 1. 2., increased and improved edition. Wilhelm Braumüller, Vienna 1848, p. 69 ( online at dlib-pr.mpier.mpg.de ).
- ↑ Cornelia Kun: End of Terror. Violence in Dutch literature by women 1990-1999. Dissertation. Carl von Ossietzky University, Oldenburg 2005, DNB 980583764 , p. 233 ( online at d-nb.info ).
