Who is the murderer in these cases?

[Haudegen]

I assume you're a law student?

Yes, I am.

coming very close to judging the intent

Murder (in German: Totschlag) is defined as killing with intent. Causing someoneelse´s death by negligence is something completely different. Are there any legal systems that treat this differently?

But that´s theory, of course. In reality the judge has no proper means to find the intent of a person that has killed another. It all comes down to assumptions based on exterior circumstances.