Quote:
Originally Posted by chaos_alfa
But could they not defend them self with saying that they didn't thought the people they PKed would really die in real life, because they had no way to check if what Kayaba said was true?
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Discussable.
The only ones who'd be save would be children below 14 at the time they comitted the crime as they are generally excused from legal punishment. (At least in Austria, and according to 'Kokuhaku' in japan too)
I can only assume that it works similar in Japan though.
Problemm here are imho both the know and want parts of their intention:
Know:
here we have the problem of accompaning knowledge.
If someone does at least latently think that their action may cause harm to others its still within the bounds of intention(lowest though)
Want:
This one is imho a bit tricky, its questionable whether they want to kill them in real world too.
They do at least have conditional intention which is, according to my study book, enough for murder charges (Autrian law).
Example: A hunter hears sounds in a bush and thinks 'Oh could be a boar, but it could also be a human. Well I don't care they shouldn't be here' --> shoots and it really was a human.
this is btw the shortened version :P - I wouldn't want to be the prosecutorr having to do do those cases lol, and neither the judge.