Homicide, Manslaughter, Murder and Suicide Related Crimes

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Homicide, Manslaughter, Murder and Suicide Related Crimes

Spanish Criminal Code | On unlawful killing and its forms

 

Article 138

 
Whoever kills another shall convicted of manslaughter, punishable with a sentence of imprisonment from ten to fifteen years.
 

Article 139

 
Whoever kills another when any of the following circumstances concur shall be convicted of murder and punished with a sentence of imprisonment from fifteen to twenty years:

1. With premeditation;

2. For a price, reward or promise;

3. With wanton cruelty, deliberately and inhumanely increasing the victim’s suffering.
 

Article 140

 
When more than one of the circumstances foreseen in the preceding Article concur in a murder, a sentence of imprisonment shall be from twenty to twenty- five years.

 
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Article 141

 
Provocation, conspiracy and solicitation to commit the offences foreseen in the preceding three Articles shall be punished with the penalty lower by one or two degrees to that stated as appropriate in the preceding Articles.
 

Article 142

 
1. Whoever causes the death of another by serious negligence shall be convicted of manslaughter and punished with a sentence of imprisonment of one to four years.

2. When the manslaughter is committed using a motor vehicle, a moped or a firearm, the punishment shall also, and respectively, include deprivation of the right to drive motor vehicles and mopeds or deprivation of the right to own and carry weapons from one to six years.

3. When the manslaughter is committed due to professional negligence, the punishment of special barring from exercise of the profession, trade or cargo shall also be imposed, for a period of three to six years.
 

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Article 143

 
1. Whoever induces another to suicide shall be punished with a sentence of imprisonment from four to eight years.

2. A sentence of imprisonment of two to five years shall be imposed on whoever co-operates in the necessary acts for a person to commit suicide.

3. Punishment shall involve a sentence of imprisonment from six to ten years if such co-operation were to reach the point of death ensuing.

4. Whoever causes or actively co-operates in the necessary, direct acts causing the death of another, at the specific, serious, unequivocal request of that person, in the event of the victim suffering a serious disease that would unavoidably lead to death, or that causes permanent suffering that is hard to bear, shall be punished with a punishment lower by one or two degrees to those described in Sections 2 and 3 of this Article.
 


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