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8.2 Crimes
8.2.1 Homicide
8.2.1.1 It is noteworthy that the most severe form of homicide,
namely premeditated murder, is absent from HL. The explanation
is to be found in the Constitution of Telipinu, section 49, which
provides that in a “matter of blood,” the “lord of the blood” decides
what will happen to the perpetrator. The latter is the head of the
family to which the victim belonged. Punishment is death or the
provision of a substitute to the family. The king does not wish to
interfere^83 and leaves punishment of the crime to the jurisdiction of
the family. This rule remained unchanged: around two hundred years
later, King Hattusili II (ca. 1265–1240) writes in a letter to the
Babylonian king Kadashman-Enlil, who has complained about rob-
bery and murder committed against Babylonian merchants in Hittite
territory: “In Hittite territory no one is killed. If the king hears that
someone has been killed, the murderer is... arrested and handed
over to the brothers of the victim. In this case his brothers accept
a payment... If his brothers do not wish to accept a payment, the
murderer is made a slave (?). If it is a man, he is sold abroad. But
it is not the practice to kill.” There then follows a remarkable piece
of logic: “Those who would not kill a criminal, how would they kill
a merchant?”^848.2.1.2 Intentional Homicide
HL opens with killing sullanaz, “in a quarrel” (1 and 2). The cause
is not given, but it is to be noted that the mental element of the
crime comes into consideration, namely, whether it was intentional
or negligent. The same distinction is made by a witness in a trial
on the disbursement of royal property, who says: “It was negligence
on my part, but not malice.”^85 The explanatory account of how the
offense came about speaks for a deliberate blow struck in anger. The
culprit must give four or two “heads,” according to whether the vic-
tim was free or semi-free. In addition, he must arnu-the corpse.(^83) Haase, “Anmerkungen zur Verfassung.. .,” 70f.
(^84) This letter, partly broken, has been much discussed. See Landsberger, Sam’al,
106, n. 251; Klengel, “Mord.. .”; Westbrook,Studies.. ., 51, n. 57; Liverani,
Prestige.. ., 95–100.
(^85) Werner, Hethitische Gerichtsprotokolle, 5.
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