Lawyer for Homicide Cases in Madrid
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At the criminal law firm GRANDA & ASOCIADOS, our clients are our top priority. We are committed to providing them with the highest quality criminal legal assistance and defence from the moment they contact us until the conclusion of the proceedings.
Homicide offences are particularly sensitive and complex, which is why it is essential to be advised and represented by a criminal defence law firm specialising in this type of offence, such as GRANDA & ASOCIADOS.
What does the offence of homicide consist of?
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In common language, homicide is understood as the act by which one person unlawfully kills another. It is therefore classified as an offence against human life.
In the Criminal Code, its regulation is included under the section known as “homicide and its forms”, which encompasses a range of offences: homicide (Section 138 CC), murder (Sections 139, 140, 140 bis and 141 CC), negligent homicide (Sections 142 and 142 bis CC), and inducement and assistance to suicide, which also covers euthanasia (Section 143 CC).
For an act to be considered an offence of homicide, the victim must be a living person; therefore, this type of offence does not include acts committed against a deceased person or an unborn being (the latter case would constitute the offence of abortion).
The protection of human life is recognised not only in the Criminal Code but also in Article 15 of the Spanish Constitution, which establishes that everyone has the right to life, as well as to physical and moral integrity.
In homicide offences, the act of depriving another person of life may be committed either by an act, regardless of the means used, which may include violent or non-violent conduct (such as gunshots, stab wounds, poisoning, among others), or by an omission, which occurs when the individual has a specific legal duty to act under a legal obligation (as in the case of a lifeguard in relation to swimmers, or parents in their duty of care towards their child), thereby being required to ensure that the unlawful result does not occur. (STS 20/02 of 22 January and 1286/97 of 27 October)
The offence of homicide, as previously mentioned, is regulated in Article 138 of the Criminal Code, which establishes that: anyone who kills another person shall be punished, as the perpetrator of homicide, with a custodial sentence of 10 to 15 years. However, a higher penalty in degree shall apply:
- a) when, in the commission of the offence, any of the circumstances set out in Article 140 of the Criminal Code are present.
- b) when the acts also constitute an offence of assault as provided for in Article 550 of the Criminal Code.
This offence, set out in Article 138 of the Criminal Code, may be committed by any person against any living person, with the exceptions of the homicide of the King and other persons referred to in Article 485 of the Criminal Code, which are sanctioned under the same provision, as well as the homicide of a foreign Head of State, which is punishable under Article 605 of the same legal text.
Homicide and its Forms and Its Distinction from Murder
Do you need assistance with a homicide case in Madrid?
At GRANDA Y ASOCIADOS, as personal injury lawyers, we have achieved significant recognition in the field and we will assist you.
It should be noted that the death of a person may occur either through a wilful act (intentional homicide) or through negligence (which would give rise to negligent homicide).
