Crimes against persons
In short
An investigation for homicide or murder is the most serious situation anyone can face in criminal proceedings. The sentences are very long, pre-trial detention is frequently sought and every word said in the first few hours carries weight throughout the proceedings.
Homicide (homicidio) is killing another person (article 138 of the Criminal Code). Murder (asesinato) is killing where any of the following circumstances are present (article 139):
The difference between the two classifications means years in prison, and it is often decided in the technical argument over whether or not there was treachery.
If the events occur between people who are or have been partners, the case falls within the scope of gender-based violence, which we deal with on our specialist website.
| Offence | Article | Penalty provided |
|---|---|---|
| Homicide | 138.1 | Prison from 10 to 15 years |
| Homicide with circumstances under art. 140.1 or combined with an assault on a public authority | 138.2 | Penalty one degree higher (from 15 years and 1 day to 22 years and 6 months) |
| Murder | 139.1 | Prison from 15 to 25 years |
| Murder with more than one circumstance | 139.2 | Penalty in its upper half |
| Murder of a child under 16 or a particularly vulnerable person, following a sexual offence, by a member of a criminal organisation, or of more than two people | 140 | Reviewable permanent imprisonment (prisión permanente revisable) |
| Homicide through gross negligence | 142.1 | Prison from 1 to 4 years |
| Homicide through less serious negligence | 142.2 | Fine of 3 to 18 months |
If negligent homicide is committed with a vehicle, loss of the driving licence is added; with a firearm, loss of the right to possess one; and if it is professional negligence, disqualification from the profession (art. 142). People convicted of homicide or murder may also be placed under supervised release after prison (art. 140 bis).
These offences take a long time to become time-barred: twenty years where the maximum penalty is fifteen or more years in prison, as is the case for homicide and murder (art. 131).
The investigation is led by the Investigation Section of the Court of First Instance (Sección de Instrucción del Tribunal de Instancia, formerly the investigating court) where the events took place. If the case goes ahead, the trial for completed homicide or murder takes place before a Jury Court (Tribunal del Jurado) at the Provincial Court (Audiencia Provincial) (articles 1.2 and 5.1 of the Jury Act, Ley Orgánica 5/1995). Attempted homicide and negligent homicide do not go before a jury: they are tried by professional judges. A jury of citizens decides on the facts, and that requires the defence to be prepared differently: clarity, consistency and evidence that can be understood.
During the investigation, the judge may order pre-trial detention, which the law permits for offences punishable by two or more years in prison when there is a risk of absconding, destroying evidence or reoffending (art. 503 of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal). That decision can be appealed, and having it reviewed is a priority from day one.
If there is a conviction, we also support you while the sentence is served: prison leave, grade classification and parole, through our prison law practice.
The relatives of a deceased person can join the proceedings as a private prosecutor (acusación particular). This gives them their own voice: they propose evidence, take part in the questioning, can seek a more serious classification than the public prosecutor and claim the compensation they are entitled to. In a jury trial, a well-prepared prosecution makes the difference.
If the death occurred in a road traffic or workplace accident, the case may be dealt with as negligent homicide. Here too it is important to act quickly to secure the technical evidence: the police report, accident reconstruction, labour inspection reports or medical records. We explain each step of the proceedings clearly, what the time limits are and what you can expect, so that you do not have to make decisions blindly at such a difficult time.
Homicide is killing another person and is punishable by ten to fifteen years in prison. It is murder where there is treachery, price or reward, cruelty or the aim of facilitating or concealing another offence, and the penalty rises to fifteen to twenty-five years. In some cases under article 140 of the Spanish Criminal Code the penalty is reviewable permanent imprisonment.
If the negligence is gross, the penalty is one to four years in prison (art. 142.1 of the Criminal Code), plus loss of the driving licence if a vehicle was involved. If it is less serious, the penalty is only a fine of three to eighteen months. Distinguishing between the two types of negligence is key to the defence.
Homicide and murder are tried by a Jury Court sitting at the Alicante Provincial Court, under the Jury Act. Beforehand, the investigation is led by the Investigation Section of the Court of First Instance where the events took place. Attempted homicide and negligent homicide do not go before a jury: they are tried by professional judges.
Yes, it is possible. The law permits pre-trial detention for offences punishable by two or more years in prison when there is a risk of absconding, destroying evidence or reoffending. The defence can oppose it at the hearing, propose alternative measures such as regular reporting to court or surrender of the passport, and appeal the order if it is made.
Homicide and murder become time-barred after twenty years, because their maximum penalty is fifteen or more years in prison (art. 131 of the Criminal Code). The period is interrupted when proceedings are brought against a specific person. Homicide through gross negligence, with a maximum penalty of four years, becomes time-barred after five.
Do you need help now?
On this page
Related services
