Differences between the crimes of homicide and murder

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Homicide and murder are two crimes against human life that consist of the death of one person by another carried out unjustly . However, these are different legal figures and are punishable with different penalties. How are homicide and murder different? We can help you At Dexia Abogados we are lawyers specializing in crimes against people . If you need an office with extensive experience in Criminal Law, contact us and find out without obligation . CONTACT US What is the crime of homicide? Homicide is a crime against human life that is committed when one person kills another. This crime is regulated in articles 138 et seq. 1. Anyone who kills another will be punished, as guilty of homicide, with a prison sentence of ten to fifteen years. Article 138 of the Penal Code The typical action of the crime of homicide consists of killing or depriving another person of life , the means used being indifferent. Death occurs as a consequence of an action or omission by the author. Both the active and passive subject can be any person.

The legal asset protected from the crime of homicide is independent human life and the material object is the living person. In addition, the Penal Code differentiates between several types of homicide: intentional homicide , reckless homicide (serious or less serious) and preintentional homicide . What is the crime of murder? Murder is a crime against human life that consists of killing another when committed under certain specific DM Databases circumstances: Treachery . The perpetrator uses a circumstance or means to ensure the victim's defenselessness. cruelty​ When the perpetrator deliberately and inhumanly increases the victim's pain. Price, reward or promise. When the author kills motivated by economic intentions. In murder, the perpetrator deliberately and intentionally causes the death of another person through one or more of the constituent elements of the crime. Murder is a type of homicide of special gravity due to the greater criminal intensity it requires.



In fact, they share the protected legal good (independent human life), the typical action (killing) and the active and passive subjects, who can be any person. All international criminal legislation considers murder as a crime against humanity . Within the Spanish system, it is regulated in article 139 of the Penal Code. 1. Anyone who kills another under any of the following circumstances will be punished with a prison sentence of fifteen to twenty-five years, as convicted of murder: 1. With treachery. 2nd For price, reward the promise. 3. With cruelty, deliberately and inhumanly increasing the pain of the offended party. 4. To facilitate the commission of another crime or to prevent its discovery. 2. When more than one of the circumstances provided for in the previous section occur in a murder, the sentence will be imposed in its upper half. Article 139 of the Penal Code So how is homicide different from murder? The main difference between manslaughter and murder is that murder is considered an aggravated form of homicide .