He crime murder It is autonomous from homicide according to the laws in the Spanish penal code. He murder It is understood as the action of killing a person with treachery, for price or for cruelty.
He murder It is understood by the authorities as a crime with greater intensity criminal than homicide. The penal code in Spain evaluates the penalty between 15 to 25 years in prison, plus a penalty fee.
The regulation of crime murder It is found in article 139 of the penal code. Among the conditions, it focuses on the aggravation of the penalty for the different acts and their qualification.
The distinctions of the crime of murder in the Spanish penal code
The assumptions are those that will justify the aggravation that the court carries out in response to the sentence imposed.
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One of the assumptions that is taken into consideration is the treachery which will depend on the crime that is used. This aspect will be influenced by the form or means used to deprive the defense of the victim.
It will be considered important when the crime occurs at night because it prevents defending of the attacked. This treachery contemplates the transfer of the victim to a place where you can't get help.
Increasing deliberate of the suffering of the victims will be called cruelty. The central point is when they are caused ailments that are necessary to cause the premature death of the person.
An example is when stab repeatedly at a person and it is the last stab that Bush to the victim.
The situation of concurrence of price or promise occurs when there is an economic motive that worsens the situation of death. The correct use of this concurrency is commercialization of a person's life.
An element that cannot be left out is when the occurrence of the crime or it is prevented from being discovered. All these cases have a stipulated penalty by the laws Spanish.
Element of the aggravated type in the crime of murder
He code penal Spanish establishes in article 140 an aggravated modality that considers the crime murder. The punishment in this situation will be permanent, reviewable prison.
This will occur when the victim is under 16 years of age or is in a condition vulnerable. Vulnerability will depend on age, disability or disease it can have.
It will be considered when the murder occur after a crime against sexual freedom. The author must have committed a action insulting against the victim.
As long as it is part of an organization criminal he crime murder will have a greater penalty. If the murderer has already been convicted of the death of two other people, the sentence of prison.
In 2015 it was introduced into the code penal the reviewable permanent prison sentence, specifically in article 92. This sentence will be configured depending on the indeterminate duration, it is only possible to apply in extremely cases. serious.
This article takes into consideration the crimes against humanity, as well as those that are aggravated to genocide. The judge can release the convicted person depending on certain conditions and deadlines.
Murder crime with prior arrest in Spain
The crime of detention illegal It is what is known as the deprivation of the freedom of the passive subject. Type of resource is used when the purposes of the deprivation of freedom.
They will be related to the acts that explain the author's intention to generate an attack on the integrity physical. In these circumstances the freedom or the sexual indemnity of the injured person.
The deprivation of freedom It will operate as a means before the execution of events that are seen as a contest. There is the possibility of appearing independent in the face of one's own identity that does not reach the necessary categories.
The deprivation of freedom also incurs when it is inherent to an infraction criminal which is considered older.
The action of deprivation of freedom may exceed the purpose pursued through another relevant action. This case should be punished independently before the real or medial competition.
The penalties for the crime of murder in Spain
The maximum limit to serve a sentence is effectively set at 20 years. This is exposed in the code Spanish criminal offense contemplating some exceptions that extend between 25 or 30 years.
There are cases like murder by Miguel Ángel Blanco who expanded the movement in favor of aggravating penalties. It was stipulated compliance full sentences for those prisoners accused of terrorism or sexual crimes.
Creating a generalization in all crimes with specifications in terrorist cases. When the subject is convicted of two or more crimes, he or she may overcome a grief imprisonment of up to 40 years.
Murder crime in Spain as a country of the European Union
In the last decade Spain It is considered one of the countries that has the least crimes of murder. At some point, cases arise that shock the entire country in the media due to their cruelty.
In 2009, the case of 17-year-old Marta del Castillo, who disappeared without leaving her evidence. After 3 years the main accused was condemned at 21 years and 3 months.
Articles that were used for his conviction were 138 and 139. 1 of the code penal. The particularity of this case was the application of the maximum limit of compliance with sorrows.
The Bretón case was known for being a parricide with two children of 6 and 2 years old. The accused murdered his children and incinerated the bodies after manage certain doses of anxiolytics.
The object of crime It was revenge against his wife who wanted to separate. The conviction was based on article 139.1 where two crimes of murder with treachery.
The conviction for crime murder of these two children was 40 years in prison. The verdict was given in 2013, 8 years later the culprit continues to deny being the cause of the murder.
These examples show the use of the different articles that are part of the Spanish Penal Code. Application depends largely on the causes that brought about the crime by the subject involved.