The defendant husband held enduring suspicions that the late victim, his wife, was involved in an extramarital affair, and required her to seek permission to leave their home without his or their children’s accompaniment. The victim one day attempted to leave the house without the defendant’s permission, resulting in an argument in which he shot and killed her. The defendant was charged with Aggravated Murder under Article 147 of the Provisional Criminal Code of Kosovo, found guilty, and sentenced to 15 years’ imprisonment. The defendant appealed, arguing that the offense is Murder Committed in a State of Mental Distress (Art. 148) rather than Aggravated Murder, because he at the time of the shooting had reacted to the victim’s insult and did not act out of jealousy. The Supreme Court rejected the argument and ruled that the court of first instance correctly qualified the crime as Aggravated Murder rather than Murder Committed in a State of Mental Distress. The court reasoned that the offense of Murder Committed in a State of Mental Distress did not apply because Article 148 requires that the mental distress happen through no fault of the accused, whereas in this case the victim’s insult was a reaction to the defendant’s previous false accusations, personal offenses, and even physical mistreatment. The tribunal further held that the court of first instance correctly found that the defendant had killed his wife for base motives as required for Aggravated Murder under Article 147, explaining that the defendant did not only kill his wife out of jealousy, but also because she had “dared” to attempt to leave the house without his permission. This reaction demonstrates the defendant’s belief that he was entitled to decide his wife’s right to exist, a “ruthlessly selfish concept” that showed “utmost disrespect for the natural right of another human being to live and is as such a base motive.” Accordingly, the sentence was appropriate. (Also available in English.)
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