HOMICIDE AND MURDER

The crime of homicide is regulated in articles 138 of the Penal Code and consists of killing another person. The penalty is imprisonment for 10 to 15 years.

Aggravated mode

The Penal Code provides for an aggravated form of the crime of homicide, which allows the judge to impose the higher penalty in the following cases:

1. If the victim is under 16 years of age or a particularly vulnerable person.
2. If the murder is committed after the commission of a crime against sexual freedom on the same victim.
3. If committed by a person belonging to a criminal group or organization.
4. When the facts constitute a crime of attack against the authority, its agents or public officials of art. 550 of the Penal Code.

Murder

The crime of murder is regulated in articles 139 and 140 of the Penal Code and is punishable by a prison sentence of 15 to 25 years. We are faced with the crime of murder when the action of “killing another” is accompanied by any of the following circumstances:

1. Treachery, which consists of using means that tend to ensure death, thus avoiding the risk that could be generated by the victim’s defense.
2. When the homicide is committed for price, reward or promise.
3. Ensañamiento, which consists of inhumanly increasing the victim’s pain.
4. When the homicide is committed in order to facilitate the commission of another crime or to prevent its discovery.

Murder shall be punishable by revisable permanent imprisonment when any of the following circumstances are present:

1. If the victim is under 16 years of age or a particularly vulnerable person.
2. If the murder is committed after the commission of a crime against sexual freedom on the same victim.
3. If committed by a person belonging to a criminal group or organization.
4. If the perpetrator has been convicted for the death of more than 2 persons.

Reckless homicide

The crime of homicide is, in principle, an intentional crime, which means that the perpetrator acts with knowledge and will of the crime committed. However, Art. 142 of the Penal Code allows for the punishment of manslaughter by negligence, provided that the negligence is serious or less serious.

On the one hand, gross negligence manslaughter is punishable by imprisonment of 1 to 4 years. Within this modality, the following submodalities stand out:

1. Firstly, when the crime is committed using a motor vehicle or a moped, as occurs in traffic accidents. In this case, the judge must impose, in addition to the corresponding prison sentence, the penalty of deprivation of the right to drive motor vehicles and mopeds for a period of 1 to 6 years.

According to the current regulation of the Penal Code, there is serious negligence if the injuries are caused by driving under the influence of alcohol or other drugs, or exceeding the speed limits established in the regulations, in both cases provided that the limits established in the Penal Code are exceeded.

1. Secondly, if the crime is committed using a firearm, in addition to the corresponding prison sentence, the penalty of deprivation of the right to carry or possess firearms shall be imposed for a period of 1 to 6 years.

1. Finally, if the death occurs due to serious professional negligence, as occurs, for example, in cases of medical malpractice, the judge must impose, in addition to the corresponding prison sentence, the penalty of special disqualification from the exercise of the profession, trade or position, for a period of 3 to 6 years.

On the other hand, less serious reckless homicide is punishable by a fine of 3 to 18 months. Within this modality, the following submodalities stand out:

1. Firstly, cases in which the crime is committed using a motor vehicle or moped, as in the case of traffic accidents. As we have seen before, in these cases the Judge must impose, in addition to the corresponding fine, the penalty of deprivation of the right to drive motor vehicles and mopeds, for a period of 3 to 18 months. The Penal Code considers the less serious type of negligent homicide applicable in those cases in which the facts occur as a consequence of serious infractions of the rules of traffic, vehicle circulation and road safety.

1. Secondly, if the crime is committed using a firearm, in addition to the corresponding fine, the penalty of deprivation of the right to carry or possess a firearm shall be imposed for a period of 3 to 18 months.