The action of taking the life of another person is considered as the crime homicide. Human life is a legal right that is considered one of the crimes more serious in the code penal.
the laws of Spain stipulate a sentence of 10 to 15 years for the crime homicide. It is necessary to clarify that there will be an exception to this crime.
It evaluates the case that the victim is under 16 years of age, the disability. It is channeled when the homicide It is the consequence of a crime against sexual freedom.
Conception of the crime of homicide in the Spanish penal code
He code penal part of the same description of the verb to kill as the ability to deprive someone of life. This element does not contemplate the means used to carry out the homicide, both for violence as omission.
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He crime homicide It is provided for in the penal code with the title homicide and its forms. At this point, homicide is established as the cause that chains the death of a person in different forms.
He crime homicide tends to have specific characteristics in terms of intentional homicide, reckless and the murder.
In article 138 of the Code Penal the concept of intentional homicide is established. The article establishes that anyone who reaches kill He will have a prison sentence of 10 to 15 years.
In this situation it is important to define the object material that constitutes the specific crime. This element is determined by the moment of beginning and end of a human life that is independent.
The need to clarify this increase plan is due to the differentiation between the crime homicide and the crime of abortion. Faced with this situation, it depends on the abandonment of the newborn or the bad praxis from a doctor.
This is a fundamental point because it is necessary to delimit the differences between the homicide willful and reckless. In both cases, there are severe sanctions given the circumstances that the homicide.
Elements that make up intentional homicide
He crime homicide intentional occurs when the fraud acts as the will to kill another person. The jurisprudence of the malicious action establishes that the author must know that he carried out an action dangerous.
Intentional homicide is based on the intent to kill by one of the parties involved. This type of crimes they differ from injuries because in that case death is not intended to be caused.
Article 138.2 assesses the homicide aggravated as a higher grade penalty. This element is made up of different assumptions For your application.
The higher penalty is applied when the victim is under 16 years of age or is a vulnerable person. The vulnerability will depend on the state of health due to illness or disability.
In the event that the homicide is carried out after a crime against liberty sexual. This entails when the perpetrator commits the crime on the victim.
If he crime homicide is carried out by a group or an organization, a higher penalty will be applied. Without forgetting the aggravated by a crime that threatens the authorities, agents or officials public.
Elements that make up reckless homicide in the penal code
The element depends on whether the action that kills a person is due to causes reckless. It is determined when the author violates the objective duty and also the subjective in the care required.
When the crime of homicide due to serious negligence occurs, the use of vehicles or firearms. Professional imprudence cannot be left out, as is the case of negligence medical.
This crime carries its accessory penalties such as deprivation of the right to drive or carry a weapon. Usually the disablement of the exercise of the profession or of the specific position.
In the event that the crime is committed with a vehicle, it can carry a penalty of 6 years of deprivation. The carrying of weapons will have a deprivation of 1 to 6 years, and the disqualification will be from 3 to 6 years.
He code penal it also regulates an aggravated subtype in the case of manslaughter due to gross imprudence. This will depend on the gravity of the event and the number of people it affects.
The other degree of homicide due to negligence is the aggravated subtype when deaths are excessive. The judge is the one who will determine the extension of the degree according to what is determined convenient.
Consideration of homicide before a less serious imprudence
In it Code Penal homicide due to less serious imprudence is also stipulated, which includes other circumstances. It will be taken into consideration when the judge determines that the imprudence It has an insufficient entity to be considered totally serious.
This crime of homicide by imprudence less serious includes the death of a person. The punishment derives in the sentence of a penalty fee from 3 months to 18 months.
If he homicide committed with a vehicle can be deprived of the right to drive from 3 to 18 months. when the homicide it is committed with a weapon the deprivation of the right to carry will be between 3 to 18 months.
Evaluation of preterintentional homicide in the Spanish penal code
This homicide It is not regulated by the penal code, but it is used through the jurisprudence. It becomes relevant when the perpetrator's guilt is not classified in the case of fraud or negligence.
He Court Supreme stipulates that these particular cases must be studied considering the act of intent and the result. This happens when a person just wants injure someone and cause death.
before these circumstances the active subject will respond criminally through a imputation objective of the result. Only if the author's intention was to injure, but not kill.
Crime homicide before a finished and unfinished attempt in the penal code
He crime homicide can be committed to the degree of attempt finished and unfinished, being one of the most controversial. The complication focuses on the difference between an attempted homicide and those injuries that are consummated.
The main conception it depends on the intent of the perpetrator, whether to kill or injure. Before this circumstance jurisprudence will act depending on certain criteria.
are evaluated background of law and the relationship between the taxpayer and the asset. It is necessary to consider the occasion on which one chooses to commit the crime, as well as the weapon used.
when the process of aggression, the wound and the areas of the body are evaluated. The state of the victim It will determine the degrees that impute the penalties.