He crime murder is autonomous to 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 a price or for cruelty.
He murder is understood by the authorities as a crime with greater intensity criminal than murder. The penal code in Spain assesses the penalty between 15 to 25 years in prison, plus one 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 facts and their qualification.
Distinctions of the crime of murder in the Spanish penal code
The assumptions are those that will justify the aggravation made by the court before 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 which is used In this aspect, the form or means used to deprive the defense of the victim.
It will be considered important when the crime occurs during the night because the 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 her repeatedly to 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 the commercialization of a person's life.
An element that cannot be left out is when the occurrence of the crime or is prevented from being discovered. All these cases have a penalty stipulated 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 reviewable permanent imprisonment.
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 happen after a crime against sexual freedom. The author must have committed a action offensive against the victim.
As long as this 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, he will be sentenced to 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 serious.
This article takes into account the crimes against humanity, as well as those who are aggravated to genocide. The judge may 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 liberty of the passive subject. Resource type is used when the ends of the resource are exhausted. deprivation of freedom.
They will be related to the acts that explain the intention of the author to generate an attack before the integrity physical. In these circumstances, the freedom or the sexual indemnity of the injured person.
The deprivation of freedom will operate as a means before the execution of the facts that are appreciated as a contest. There is the possibility of appearing independent before the 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 deprivation action freedom may exceed the purpose pursued through another relevant action. This case should be penalized independently before the real or medial competition.
Penalties for the crime of murder in Spain
The maximum limit to serve a sentence is effectively set at 20 years. This is displayed in the code Spanish criminal law contemplating some exceptions that are extended between 25 or 30 years.
There are cases like murder of Miguel Ángel Blanco who expanded the movement in favor of the aggravation of sentences. It was stipulated compliance of the sentences before those accused of terrorism or sexual crimes.
creating a generalization in all the crimes with specifications in terrorist cases. When the subject is convicted of two or more crimes, he may pass a grief imprisonment of up to 40 years.
Crime murder in Spain as a country of the European Union
In the last decade Spain It is considered one of the countries with the least crimes of murder. Some time, cases arise that shock the entire country through the media due to their cruelty.
In 2009, the case of 17-year-old Marta del Castillo who disappeared without leaving evidence. After 3 years the main defendant was condemned at 21 years and 3 months.
Articles that were used for his condemnation 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 Breton case was known to be a parricide with two children of 6 and 2 years. The defendant murdered their children and cremated the bodies after manage certain doses of anxiolytics.
The object of crime it was revenge against his wife who wanted to separate. The sentence was based on article 139. 1 where two crimes of murder were evaluated with treachery.
The sentence for the crime murder of these two children was 40 years in prison. The verdict was handed down 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.