Key Points

• The difference? Murder involves treachery, cruelty, or killing for payment.
• Homicide = 10 to 15 years in prison. Murder = 15 to 25 years (or life in the worst cases).
• Both crimes are tried before a jury court (Tribunal del Jurado), not a judge alone.
• Defenses include self-defense, lack of intent, and challenging evidence.
• Early legal help is critical. The sooner a lawyer intervenes, the better the outcome.

What Is the Difference Between Homicide and Murder in Spain?

Both homicide and murder involve killing another person. So what makes them different? In simple terms: murder is homicide plus something extra that makes it worse.

Under Spanish law, certain aggravating factors turn a homicide into murder:

• Treachery (alevosía): Attacking in a way that gives the victim no chance to defend themselves. For example, attacking someone from behind, while they sleep, or by surprise.
• Cruelty (ensañamiento): Deliberately causing extra suffering beyond what was needed to kill. This shows a particular disregard for human dignity.
• Payment or reward: Killing someone in exchange for money or other benefits. This applies to both the person who pays and the person who kills.
• To commit another crime: Killing to make another crime easier, to cover it up, or to escape punishment for it.

If none of these factors are present, the crime is homicide. If one or more exist, it becomes murder, with much harsher penalties.

The Offense of Homicide Under Article 138 of the Penal Code

Homicide is regulated under Article 138 of the Spanish Penal Code. It means killing another person with the intent to cause death. The penalty ranges from 10 to 15 years in prison.

What Does the Prosecution Need to Prove?

To convict someone of homicide, prosecutors must prove several things beyond reasonable doubt:

• Intent to kill: Did the person mean to cause death? Courts look at the weapon used, where the injuries were, how many times the person struck, and other circumstances.
• Causation: Did the defendant's actions actually cause the death? There must be a direct link between what they did and the victim dying.
• Mental state: This can be direct intent (they wanted to kill), indirect intent (they knew death was very likely), or eventual intent (they accepted death might happen and went ahead anyway).

A good homicide lawyer knows how to challenge each of these elements. Sometimes what looks like clear evidence of intent can be interpreted very differently when examined carefully.

The Offense of Murder Under Articles 139 and 140 of the Penal Code

Murder  is covered by Articles 139 and 140 of the Penal Code. When one or more of the qualifying circumstances (treachery, cruelty, payment) are present, the penalty jumps to 15 to 25 years in prison.

In the most extreme cases, Article 140 allows for reviewable life imprisonment. This applies when two or more aggravating circumstances exist, or when the victim is under 16 years old or particularly vulnerable. This is the harshest penalty in Spanish criminal law.

Understanding the Qualifying Circumstances

Treachery: The Supreme Court interprets this broadly. It covers sudden attacks without warning, attacking someone who is sleeping or unconscious, and any method that objectively takes away the victim's ability to defend themselves. The key question is: did the victim have a real chance to fight back or escape?

Cruelty: Prosecutors must show that the killer deliberately caused extra pain. Courts look at the number and type of wounds, whether the victim's death was prolonged, and any evidence that the attacker enjoyed or prolonged the suffering.

Payment or Promise: This turns what might be homicide into murder for both parties involved. The person who hires and the person who kills both face murder charges.

Penalties for Homicide and Murder in Spain

Here is a clear breakdown of what you or your loved one could be facing:

• Basic homicide (Article 138.1): 10 to 15 years in prison
• Aggravated homicide (Article 138.2): 12.5 to 15 years when the victim is under 16, a public official, or a protected person
• Basic murder (Article 139): 15 to 25 years in prison
• Aggravated murder (Article 140): Reviewable life imprisonment

Beyond prison time, a conviction means civil liability (paying damages to the victim's family), loss of certain rights, and a permanent criminal record that will affect employment, travel, and many other parts of life.

When Does Homicide Become Murder?

This question often becomes the central battle in court. Prosecutors may charge murder while the defense argues it should be classified as homicide instead. Getting the charge reduced from murder to homicide can mean the difference between 10 years and 25 years in prison.

Courts look at several factors:

• What happened in the moments before the death
• Whether the victim had any chance to defend themselves or run away
• The history between the defendant and victim (were there prior conflicts?)
• Evidence of planning versus a sudden reaction
• The type and severity of injuries

An experienced homicide attorney knows how to present evidence that challenges the aggravating circumstances. Even small details in how events unfolded can change the legal classification of the crime.

Defense Strategies in Homicide and Murder Cases

Every case is different, but there are several proven defense approaches that skilled attorneys use:

Challenging the Evidence

The prosecution must prove every element beyond reasonable doubt. That is a high bar. Defense lawyers can challenge whether the evidence really proves intent, question the link between the defendant's actions and the death, or argue that the aggravating circumstances were not present.

Self-Defense

Under Article 20.4 of the Penal Code, someone who acts to defend themselves or others may be completely exempt from criminal responsibility. To succeed with this defense, you need to show: an unlawful attack against you, that your response was proportionate, and that you did not provoke the situation.

Mental State Defenses

Mental disorders, severe intoxication, or extreme emotional states at the time of the incident may reduce or eliminate criminal responsibility. These defenses require expert psychiatric testimony and careful presentation of the defendant's mental condition when the events occurred.

Procedural Defenses

If police or prosecutors violated your constitutional rights during the investigation, evidence may be thrown out. Illegal searches, coerced confessions, or denying access to a lawyer can all lead to exclusion of key evidence or even dismissal of charges.

What Does a Homicide Lawyer Do in These Cases?

A specialized homicide attorney is with you at every step of the process:

• Immediate response: Coming to the police station or court right away when you are detained to protect your rights from minute one
• Investigation phase: Reviewing all the evidence against you, finding weaknesses in the prosecution's case, and gathering evidence for your defense
• Bail hearings: Fighting to get you released or to secure the least restrictive conditions while waiting for trial
• Trial preparation: Building your defense strategy, preparing witnesses, and arranging expert testimony
• Trial representation: Presenting your defense to the jury, cross-examining prosecution witnesses, and delivering closing arguments
• Appeals: If convicted, challenging the verdict or sentence through higher courts

Do I Need a Specialized Criminal Lawyer for Homicide or Murder Charges?

Yes. With penalties this severe and cases this complex, specialized defense is essential, not optional.

Murder and aggravated homicide cases go before a jury court. This requires a completely different set of skills compared to regular trials. Your lawyer needs experience in jury selection, presenting complex information in simple terms, and persuading ordinary citizens rather than professional judges.

A general lawyer, no matter how good, simply does not have the specialized knowledge of case law, forensic evidence, and jury court strategy that a homicide attorney develops through years of focused practice. The difference in outcome between 10 years and 25 years, or between conviction and acquittal, often comes down to the quality of your legal team.

Homicide Lawyers in Spain: Expert Criminal Defense

Key Points

• Homicide = 10 to 15 years in prison. Murder = 15 to 25 years (or life in the worst cases).

• The difference? Murder involves treachery, cruelty, or killing for payment.
• Both crimes are tried before a jury court, not a judge alone.
• Defenses include self-defense, lack of intent, and challenging evidence.
• Early legal help is critical. The sooner a lawyer intervenes, the better the outcome.

Facing homicide or murder charges in Spain is one of the most serious legal situations anyone can experience. The consequences include lengthy prison sentences and a permanent criminal record that affects your entire future. If you or someone you love is in this situation, you need to act fast and get specialized legal help.

At Fukuro Legal, our homicide attorneys  have defended clients against charges under Articles 138, 139, and 140 of the Spanish Penal Code. This guide explains the legal framework, the key differences between homicide and murder, and the defense strategies that can make a real difference in your case.

Homicide Cases and the Jury Court

Under Spanish law, homicide and murder cases are decided by the Jury Court, a panel of nine ordinary citizens who decide if you are guilty or not guilty. This is very different from most criminal trials in Spain, which are decided by professional judges.

Jury trials require a different approach. Complex legal arguments must be explained in everyday language. Technical defenses need to become compelling stories that connect with regular people. The ability to communicate clearly and build trust with jurors becomes just as important as knowing the law.

At Fukuro Legal, our criminal defense team  has extensive experience in jury court proceedings. We understand both the legal requirements and the human dynamics that influence how juries reach their decisions.

Protecting Your Rights and Future: Contact a Homicide Lawyer Today

Homicide and murder charges can change your life forever. The Spanish legal system offers real protections for people accused of these crimes, but those protections only work if you have an experienced lawyer who knows how to use them.

What you should remember from this guide:

• Homicide means 10 to 15 years in prison; murder means 15 to 25 years or even life
• Murder charges require proof of treachery, cruelty, or payment
• Strong defenses exist, from self-defense to challenging the evidence
• These cases go before a jury, requiring specialized advocacy
• Getting a lawyer involved early makes a significant difference

If you or a family member is under investigation or facing charges for homicide or murder, do not wait. Contact Fukuro Legal now for a confidential consultation. Our criminal defense attorneys will review your situation, explain your options clearly, and start building your defense from day one.