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As such, it seems very much so that we can not get a conviction for Mord, as Mr Hyde did not pre-plan a killing, either of this specific victim or any at all. However, at some point during the polite talk to him by the victim, he decided to kill the victim, without provocation. As such, the Manslaughter in the Heat of the Passion is not available, and the proper sentence is to lock up Mr. Hyde for life under §176. The insanity defense under §40 requires "Wahnsinn" (madness), "Bödsinn" (mentally incapable) or being incapable to having a free will due to a threat-personality disorder like that of Jackyll and Hyde, would not be considered Wahnsinn, or mental incapacity: both personalities are fully capable, and not incapable. Since neither of the three mitigations is applicable, this leaves us with lifelong imprisonment.

As such, it seems very much so that we can not get a conviction for Mord, as Mr Hyde did not pre-plan a killing, either of this specific victim or any at all. However, at some point during the polite talk to him by the victim, he decided to kill the victim, without provocation. As such, the Manslaughter in the Heat of the Passion is not available, and the proper sentence is to lock up Mr. Hyde for life under §176. The insanity defense under §40 requires "Wahnsinn" (madness), "Blödsinn" (mentally incapable) or being incapable to having a free will due to a threat-personality disorder like that of Jackyll and Hyde, would not be considered Wahnsinn, or mental incapacity: both personalities are fully capable, and not incapable. Since neither of the three mitigations is applicable, this leaves us with lifelong imprisonment.

As such, it seems very much so that we can not get a conviction for Mord, as Mr Hyde did not pre-plan a killing, either of this specific victim or any at all. However, at some point during the polite talk to him by the victim, he decided to kill the victim, without provocation. As such, the Manslaughter in the Heat of the Passion is not available, and the proper sentence is to lock up Mr. Hyde for life under §176. The insanity defense under §40 requires "Wahnsinn" (madness), "Bödsinn" (mentally incapable) or being incapable to having a free will due to a threat. Since neither of these is applicable, this leaves no mitigation.

As such, it seems very much so that we can not get a conviction for Mord, as Mr Hyde did not pre-plan a killing, either of this specific victim or any at all. However, at some point during the polite talk to him by the victim, he decided to kill the victim, without provocation. As such, the Manslaughter in the Heat of the Passion is not available, and the proper sentence is to lock up Mr. Hyde for life under §176. The insanity defense under §40 requires "Wahnsinn" (madness), "Bödsinn" (mentally incapable) or being incapable to having a free will due to a threat-personality disorder like that of Jackyll and Hyde, would not be considered Wahnsinn, or mental incapacity: both personalities are fully capable, and not incapable. Since neither of the three mitigations is applicable, this leaves us with lifelong imprisonment.

Please open your textbook to the following chapter and read the first paragraph to get the description of the situation that led to the killing, with special emphasis on the section embolded:

As such, it seems very much so that we can not get a conviction for Mord, as Mr Hyde did not pre-plan a killing, either of this specific victim or any at all. However, at some point during the polite talk to him by the victim, he decided to kill the victim, without provocation. As such, the Manslaughter in the Heat of the Passion is not available, and the proper sentence is to lock up Mr. Hyde for life under §176.

Then, we need to see what the Insanity defense is then:

§ 40 [Unzurechnungsfähigkeit] Ein Verbrechen oder Vergehen ist nicht vorhanden, wenn der Thäter zur Zeit der That wahnsinnig oder blödsinnig, oder die freie Willensbestimmung desselben durch Gewalt oder durch Drohungen ausgeschlossen war.

Please open your textbook to the following chapter and read the first paragraph to get the description of the situation that led to the killing, with special emphasis on the section embolded:

As such, it seems very much so that we can not get a conviction for Mord, as Mr Hyde did not pre-plan a killing, either of this specific victim or any at all. However, at some point during the polite talk to him by the victim, he decided to kill the victim, without provocation. As such, the Manslaughter in the Heat of the Passion is not available, and the proper sentence is to lock up Mr. Hyde for life under §176. The insanity defense under §40 requires "Wahnsinn" (madness), "Bödsinn" (mentally incapable) or being incapable to having a free will due to a threat. Since neither of these is applicable, this leaves no mitigation.