Msaada je kuna mshitakiwa wa mauaji hapa?

[Rato]

Natambua kutoa mimba ni kosa kisheria kwa nchi yetu.Je ikitokea mama mjamzito akaenda kwa daktari kutoa mimba baada ya kurudi nyumbani akafariki kwa madhara yaliyosababishwa na kutoa mimba je ikiwa jambo hilo litajulikana huyo daktari atashtakiwa kwa kosa la mauaji?

 

[Woga tupa kulee]

bofya hapa SHERIA KWA KISWAHILI

150. Mtu yeyote ambaye, kwa nia ya mwanamke, kuharibu mimba iwe
mwanamke huyo ana mtoto au hana, kinyume cha sheria akamlisha au
akamfanya ale sumu au kitu kingine cha kudhuru au akatumia nguvu ya
namna yoyote au akatumia njia nyingine yoyote au namna nyingine, mtu
huyo atakuwa ametenda kosa na atawajibika kwa adhabu ya kifungo cha
miaka kumi na nne .

151. Mwanamke akiwa na mtoto, ambaye ana nia ya kutaka kutoa mimba
kinyume cha sheria akala sumu au kitu kingine cha kudhuru au akatumia
nguvu ya namna yoyote au akatumia njia yoyote nyingine iwayo au
akaruhusu kutumiwa kwa kitu kama hicho au kufanyiwa kama hivyo,
mwananamke huyo atakuwa ametenda kosa na atawajibika kwa adhabu ya
kifungo cha miaka saba. (HIKI NI KIFUNGU NDANI YA PENAL CODE CAP.16)

152. Mtu yeyote ambaye anatoa au anampa mtu yeyote kitu chochote,
akijua kwamba kinakusudiwa kutumika kinyume cha sheria kumfanya
mwanamke aharibu mimba, iwe mwanamke huyo ana mtoto au hana, mtu
huyo atakuwa ametenda kosa na atawajibika kwa adhabu ya kifungo cha
miaka mitatu

JUENI KUANZIA LEO kuwa ni kosa la jinai kutoa mimba (pamoja na kwamba haitakuwa murder).

ukija kwa daktari, sidhani kama hiyo itakuwa murder case, bali ushahidi ukiwepo kwamba ni kweli yeye ndiye aliyekuwa anamtoa mimba huyo mama, ataangukia kwenye manslaughter kwasababu hapo naona kabisa hakuna malice aforethought. hakuna murder isiyokuwa na malice aforethought. atakuwa amesababisha kifo bila kukusudia kuua bali ilikuwa bahati mbaya.

 

[Mbute na chai]

Natambua kutoa mimba ni kosa kisheria kwa nchi yetu.Je ikitokea mama mjamzito akaenda kwa daktari kutoa mimba baada ya kurudi nyumbani akafariki kwa madhara yaliyosababishwa na kutoa mimba je ikiwa jambo hilo litajulikana huyo daktari atashtakiwa kwa kosa la mauaji?

My friend Rato, let me act as a Judge before whom your case has been brought for determination.

The facts of your case appear to be full of doubts, however, issues you want to be determined may have nothing to do with the doubts as issue in dispute is whether the repercussion resulting from the medical service rendered to a woman by a medical doctor in course of medical abortion that inversely leads to the death of that woman amounts to murder.

Applying principles of logic in reasoning, one of which being essence, that is, the qualities that make something identical, brings me to elucidate on the qualities which make an act or omission qualify to murder.

With the help of Statute applicable in question, the Penal Code Cap 16 R.E 2002 under section 196, for an act or omission to amount to murder it must be featured with malice aforethought and an unlawfulness of that act or omission.

Now applying another principle of logic in reasoning called principle of existence, I'm mandated in the name of justice to satisfy myself of the existence of the qualities mentioned hereinfrom the Statute cited within this treatise. The qualities shall be deemed to exist or miss through the evidences likely to be adduced but since I don't have them I shall therefore consider the assumed ones.
Construing both, that is, the act or omission was the result of culpable negligence to discharge a duty tending to preservation of life or health regardless of the intention to cause death or bodily harm as per section 195 subsection (2) of the Penal Code referred herein, and that the act or omission was featured with the intention to cause death. The former will hold the doctor liable of manslaughter but the latter shall hold him liable of murder.
Mind you, Rato, to find the doctor with a case to answer you must prove through evidence that the death of the woman was actually caused by the repercussion resulting from the doctor's negligence as opposed to God's visitation.

by the way stating, if the act or omission of that doctor was lawful, he is not guilt of an offence but this also must be proved with evidence.
Summing up, if you are not a lawyer or you do not have legal knowledge, please ask for help through questions for the facts you disclose may not meet the requirement of the lawyers as to determine issues as most of important facts (material facts) appear to always miss in your exposition as have missed in your facts produced in your question for help.
Cheers!

 

[Mbeky]

sasa mkuu hapo unakosea unapotumia legal swaggs (mikogo) na legalese (lugha ya wanasheria) kwa layman hakuna msaada uliompa zaidi ya kumuonesha umesoma sheria na kuhitimu lakini hukufahulu vizuri somo la communication skills.
ilikua ni rahisi tu kumueleza kwakua lengo la daktari halikua kumua mama bali ni kuharibu mimba lakini kitendo hicho kimepelekea kifo cha mama basi kosa halitakuwa Murder bali litakuwa manslaugher(kuua pasipo kusudia)

My friend Rato, let me act as a Judge before whom your case has been brought for determination.

The facts of your case appear to be full of doubts, however, issues you want to be determined may have nothing to do with the doubts as issue in dispute is whether the repercussion resulting from the medical service rendered to a woman by a medical doctor in course of medical abortion that inversely leads to the death of that woman amounts to murder.

Applying principles of logic in reasoning, one of which being essence, that is, the qualities that make something identical, brings me to elucidate on the qualities which make an act or omission qualify to murder.

With the help of Statute applicable in question, the Penal Code Cap 16 R.E 2002 under section 196, for an act or omission to amount to murder it must be featured with malice aforethought and an unlawfulness of that act or omission.

Now applying another principle of logic in reasoning called principle of existence, I'm mandated in the name of justice to satisfy myself of the existence of the qualities mentioned hereinfrom the Statute cited within this treatise. The qualities shall be deemed to exist or miss through the evidences likely to be adduced but since I don't have them I shall therefore consider the assumed ones.
Construing both, that is, the act or omission was the result of culpable negligence to discharge a duty tending to preservation of life or health regardless of the intention to cause death or bodily harm as per section 195 subsection (2) of the Penal Code referred herein, and that the act or omission was featured with the intention to cause death. The former will hold the doctor liable of manslaughter but the latter shall hold him liable of murder.
Mind you, Rato, to find the doctor with a case to answer you must prove through evidence that the death of the woman was actually caused by the repercussion resulting from the doctor's negligence as opposed to God's visitation.

by the way stating, if the act or omission of that doctor was lawful, he is not guilt of an offence but this also must be proved with evidence.
Summing up, if you are not a lawyer or you do not have legal knowledge, please ask for help through questions for the facts you disclose may not meet the requirement of the lawyers as to determine issues as most of important facts (material facts) appear to always miss in your exposition as have missed in your facts produced in your question for help.
Cheers!