Homicide in Spain

Homicide, according to the Spanish Criminal Code 1995 is a crime which contravenes the legal right to "independent human life". It is found in article 138 which states: "He who kills another will be punished, as a defendant of homicide, with a prison sentence of ten to fifteen years".

The main legal concept in article 138 is bad faith. It may be present in any form, whether direct or indirect. The active subject (he who kills) as well as the passive subject (he who is killed) are universal, meaning that either can be any person, regardless of the circumstances.

Homicide committed by grave recklessness is covered in article 142, which includes both reckless homicide by weapons or motor vehicles and homicide caused by professional recklessness. It states:

"1. He who by grave recklessess causes the death of another will be punished, as a defendant of reckless homicide, with a prison sentence of one to four years.

2. When the reckless homicide is committed using a motor vehicle, a motorcycle or a firearm, the defendant will also be deprived of his right to drive motor vehicles or motorcycles or the right to possess and carry arms for one to six years.

3. When the homicide is committed by professional recklessness, the defendant will also be prohibited from exercising his profession or office for a period of three to six years."

Homicide by minor recklessness is covered in article 621.2 of the Criminal Code: "2. Those who by minor recklessness cause the death of another person will be punished with a fine of one to two months".

It is necessary to indicate that in Spanish law, involuntary homicide is not regulated; in the majority of cases the law that will be applied will be somewhere between homicide and the criminal concept which is involved.

Other specific concepts, such as parricide and uxoricide also do not exist, since in Spanish criminal law the punishment is founded in the violation of the legal right and not the fact of killing one particular person or another. For these cases, the circumstances of kinship, found in article 23, could be used as aggravating.