Homicide and murder are the offenses with the greatest criminal penalty in our country. Although both crimes consist of killing another person, they are distinct offenses that are punished with different prison sentences. This article aims to clearly explain the difference between homicide and murder according to current legislation in Spain, and how a specialized criminal defense attorney can be of great help in these cases.
Facing proceedings for murder or homicide can be one of the most difficult and stressful experiences that a family can go through, whether you are family of the victim or the defendant in the case. By clicking on your situation you can access an article where we explain how a criminal defense attorney can help you in each situation.
What is homicide?
The crime of homicide is regulated in article 138 of the Criminal Code and is defined as the act that causes the death of another person, without the existence of especially aggravating circumstances. Homicide is punished with a sentence of 10 to 15 years of imprisonment.
An example would be a fight in which, in the midst of the conflict, one person strikes the other with a bottle, causing a traumatic brain injury that subsequently results in their death. For
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What elements can help us distinguish between homicide and murder?
Both crimes involve the death of a person at the hands of another in an unjustified manner. What really differentiates one from the other are the circumstances in which the death occurs:
Treachery
The aggressor acts in a way that the victim cannot defend themselves. For example, an attack from behind or while the victim is sleeping.
Cruelty
This is an aggravating circumstance where the aggressor intentionally increases the victim’s suffering, causing unnecessary pain before death. An example would be when the perpetrator stabs a knife into non-vital parts to make the victim suffer and subsequently kill them.
Price, reward or promise
This section emphasizes that, when someone causes the death of another person in exchange for a sum of money or a reward (what we commonly know as hitmen), this act is considered murder. In this case, not only will the person who commits the act be convicted of murder, but also the person who orders it.
To facilitate the commission of another crime or to prevent its discovery
This figure gives rise to an instrumental crime which is another characteristic that differentiates murder from homicide. If the death of a person
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.