Homicide and murder
Homicide and murder
The Difference Between Homicide and Murder
The distinction between homicide and murder lies in the seriousness of the act and the perpetrator’s intent. While both offenses involve the unlawful killing of a person, murder is characterized by additional circumstances that demonstrate greater dangerousness, such as treachery (alevosía), cruelty (ensañamiento), or the commission of the crime in exchange for payment or reward.
Key Points:
- Both are classified as crimes against life that involve the intent to end another person’s life.
- Homicide: Punishable by 10 to 15 years’ imprisonment.
- Murder: Punishable by 15 to 25 years’ imprisonment. In the presence of aggravating circumstances, the penalty may extend to life imprisonment subject to judicial review (prisión permanente revisable).
The Offense of Homicide
Homicide involves the killing of a person by another, with direct or indirect intent to cause death. Under the Spanish Criminal Code, this offense carries a penalty of 10 to 15 years’ imprisonment.
Requirements of Homicide:
- Intent to kill: Demonstrated through the conduct of the perpetrator, the means employed, and other relevant factors.
- Causation: A direct causal link must exist between the perpetrator’s actions and the victim’s death.
- Mens rea: This may be direct, indirect, or eventual, reflecting the perpetrator’s will to cause death.
The Offense of Murder
Murder, regulated under Article 139 of the Spanish Criminal Code, consists of killing another person under aggravating circumstances such as treachery, reward, or cruelty. These elements elevate a homicide to murder and increase the penalty to a range of 15 to 25 years’ imprisonment, or to life imprisonment subject to review in the most serious cases.
Elements of Murder:
- Treachery : Killing in a manner that deprives the victim of any possibility of defense.
- Reward or payment: Killing in exchange for financial gain or a promise of benefit.
- Cruelty: Deliberately increasing the victim’s suffering.
How We Can Help
Given the complexity and gravity of these offenses, it is crucial to secure specialized legal defense. At Fukuro Legal, we provide expert counsel to safeguard your rights and liberty in cases of homicide or murder. We are dedicated to offering the best possible defense, tailored to the specific circumstances of your case.
Frequently asked questions
Criminal matters are complex and often time-sensitive. If you need further clarification or legal guidance, our criminal lawyers can evaluate your case and advise you accordingly.
Still have questions?
If you are looking for clear answers about homicide and murder, prison sentences, or the role of a criminal defense lawyer, these questions address the most common legal concerns related to these offenses.
What is the difference between homicide and murder?
The difference between homicide and murder lies in the circumstances of the act. Both involve causing the death of another person, but murder includes aggravating factors such as treachery, cruelty, or acting in exchange for a reward, which makes it a more serious offense under Spanish criminal law.
What is the penalty for homicide in Spain?
Homicide is punishable by 10 to 15 years in prison under the Spanish Criminal Code. The specific sentence depends on factors such as intent, the manner in which the act was committed, and the circumstances of the case.
What is the penalty for murder in Spain?
Murder carries a prison sentence of 15 to 25 years. In particularly serious cases, where severe aggravating circumstances are present, the penalty may be permanent revisable imprisonment.
When does a homicide become murder?
A homicide is legally classified as murder when aggravating circumstances are present, such as treachery, cruelty, or killing in exchange for money or another benefit. These elements reflect a higher level of criminal intent and increase the severity of the penalty.
What does a homicide lawyer do in these cases?
A homicide lawyer analyzes the facts, evidence, and intent involved in the case to determine the correct legal classification and defense strategy. This includes reviewing forensic reports, challenging aggravating factors, and protecting the defendant’s procedural rights throughout the criminal process.
Do I need a specialized criminal lawyer for homicide or murder charges?
Yes. Homicide and murder cases involve severe penalties and complex legal analysis. A specialized criminal defense lawyer is essential to assess the charges, evaluate aggravating circumstances, and ensure an effective legal defense.
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