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.

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