The simple homicide It refers to when one person kills another, acting with intent and intent, but without added circumstances that may lessen or aggravate the crime. It is simple in that no other elements are incorporated. A clear example is a thief who ends the life of a homeowner, who discovers him in the middle of theft.
If an individual is tried and considered guilty of a simple homicide, he will be sentenced according to the legislation in force for the specific case. Normally the penalty will vary depending on whether there are aggravating factors, such as a family bond with the victim. Homicide is regulated in article 138 of the Penal Code.
Said article reads as follows: "Whoever kills another will be punished, as guilty of murder, with a prison sentence of ten to fifteen years." A specific material result (the death of another person) is necessary for the crime of homicide to exist.
Simple homicide can be caused by action (stabbing someone) or omission (failing to feed a child in charge of the murderer). It is not relevant in these cases if the victim suffers from a disease that will take his life shortly; that does not condition the crime of simple homicide.
Article index
- Simple homicide is regulated in article 79 of the Penal Code. It is considered to be a crime of action, which can also be by omission and material result. Its main characteristic is the existence of a causal relationship between the action of the murderer and the result of death..
- Characteristics of simple homicide are the existence of an active and passive subject. Active subject can be anyone. It does not need any special qualification since it is not a type aggravated by bond, as is the case of patricide. A taxable person can also be anyone, although he must be different from the murderer; otherwise it would be suicide.
- According to the legislation, homicide means killing another and its elements are a causal action or omission, a material result, death and a subjective element (fraud), which implies the will to take life.
- It is mainly a crime of action, since the act of killing is almost always an active procedure; however, in some cases it may be done by default. When it comes to homicide by omission, the figure of the guarantor appears, who has a legal duty to act to avoid the result of death..
On April 17, 2018, the simple homicide of a man took place in La Laguna, Tenerife. They shot him dead from a car that fled. Later, the police located the burning car nearby. The Efe agency reported that the individual suffered two shots: in the chest and in the head.
The homicide occurred at 10 p.m., when he left the Language School and was about to get into his vehicle to return home after his class.
This real example is a simple homicide, since there is no treachery, price or reward, nor cruelty. What is found is the intention to end the life of another person.
This is the case of a homicide in Alcalá de Henares, Madrid, of a 30-year-old man who was stabbed. On the night of March 14, 2018, the victim was found in cardiorespiratory arrest. He was resuscitated, although he later died in hospital.
The emergency services and police were warned by passersby who heard the cries for help from the victim, who had several stab wounds in the chest and abdomen.
It is a simple homicide without treachery, price or cruelty, although there is a will to kill.
On March 5, 2018, a fight broke out in an apartment in the Carabanchel neighborhood and a 19-year-old man of Dominican nationality was shot dead..
Neighbors were the ones who alerted the police when they heard the discussion and a gunshot. The police have found the victim on the landing, already deceased. This is another example of non-aggravated homicide..
Qualified or aggravated homicide is regulated in article 139 of the Penal Code. It indicates that “anyone who kills another in one of the following circumstances will be punished with a prison sentence of fifteen to twenty-five years, as a person guilty of murder:
- With treachery.
- By price, reward or promise.
- With cruelty, deliberately and inhumanly increasing the pain of the offended.
- To facilitate the commission of another crime or to prevent it from being discovered.
When more than one of the circumstances set forth in the previous section concur in a murder, the penalty shall be imposed in the upper half ".
Simple homicide does not have those circumstances; that is, it is not carried out with premeditation and there is no prior planning analyzing the victim and their habits to facilitate the commission of the crime.
There is also no treachery, which is a way of reducing or eliminating the victim's chances of defending himself. In simple homicide there is also no price paid for executing the victim and there is no cruelty in the way of murdering her.
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