Manslaughter and Murder
Criminal Defence Lawyers Specialising in Manslaughter and Murder
The offences of Manslaughter and Murder
Manslaughter and Muder Lawyers
What is the offence of manslaughter?
Manslaughter consists of killing another person, whether through a violent act or by omission (failure to act). Completion of the crime occurs the moment a person is deprived of their right to life, although this offence is also punishable as an attempt.
The basic offence carries a prison sentence of ten to fifteen years. However, depending on the victim, the penalties may be increased:
- If the victim is the King or Queen, or the Prince or Princess of Asturias, the penalty is permanent reviewable imprisonment (life imprisonment with the possibility of parole).
- If the victim is a descendant of the Royal Family or the Regency, the sentence is twenty to twenty-five years in prison.
ESTEBAN ABOGADOS PENALISTAS
Accusation of Manslaughter: only an expert criminal defence can make the difference.
Facing a manslaughter procedure requires impeccable legal preparation and a highly specialised defence. In our firm, you will find specialist lawyers with a recognised track record among the best criminal lawyers in Barcelona.
Experience, strategy, and technical knowledge are key. Entrust your defence to a criminal team with proven results.
Manslaughter in the Spanish Penal Code
Manslaughter and murder are crimes against life defined in Articles 138 to 142 of the Penal Code. These are among the most serious offences, as the legal interest protected is human life itself.
- Article 138: Intentional Manslaughter
- Article 139: Murder
- Article 140: Aggravated Murder
- Article 141: Attempted Manslaughter and Murder
- Article 142: Reckless Manslaughter
Intentional Manslaughter
Explained by our Specialist Manslaughter and Murder Lawyers
What is intentional manslaughter?
To understand this crime, it is essential to understand what case law defines as intent (dolo). In manslaughter, intent refers to the perpetrator’s knowledge that their action against another person is capable of causing death and their will to carry it out.
The law establishes that it is sufficient for the perpetrator to be aware that they are performing an action that creates a danger to the victim. There are two main types:
- Direct Intent: When the perpetrator’s will is aimed directly at the result (first degree) or consequences necessarily linked to it (second degree).
- Eventual Intent (Dolo eventual): Although the perpetrator does not directly desire the harm, they are aware of it, account for its possibility, and assume its effects without abandoning their criminal plans.
Intentional manslaughter penalties
Intentional manslaughter carries a prison sentence of ten to fifteen years, but it may be aggravated under certain circumstances:
When the victim is under sixteen years of age, or a person who is particularly vulnerable due to their age, illness, or any other circumstance.
When the offence is carried out by an individual belonging to a criminal organisation or group.
When the perpetrator carries out the killing after having committed a crime against the victim’s sexual liberty.
If the acts also constitute an offence of assault against authority, its agents, or public officials.
In these cases, the penalty imposed shall be permanent reviewable imprisonment (life imprisonment with the possibility of parole).
My recommendation as a specialist manslaughter lawyer is to have a criminal lawyer with extensive experience in manslaughter offences from the earliest stages of the proceedings.
The design of a solid legal defence strategy from the beginning is decisive for the favourable resolution of this type of case.
Intentional manslaughter is defined in Article 138 of the Penal Code.
ARTÍCULO 138
- El que matare a otro será castigado, como reo de homicidio, con la pena de prisión de diez a quince años.
- Los hechos serán castigados con la pena superior en grado en los siguientes casos:
a) cuando concurra en su comisión alguna de las circunstancias del apartado 1 del artículo 140, o
b) cuando los hechos sean además constitutivos de un delito de atentado del artículo 550.
Reckless Manslaughter
Law Firm specialising in Manslaughter and Murder
What is reckless manslaughter?
Reckless manslaughter is a less severe conduct than intentional manslaughter, despite the inherent gravity of the crime.
In reckless manslaughter, the perpetrator creates a danger to the victim by failing to adopt the essential safety measures to avoid the result of death, but without the intention to kill.
It can occur in fields as diverse as: the performance of the medical profession, the use of weapons by State Security Forces and Bodies, in traffic or its surveillance, in occupational risks in construction, in the supervision of ancestors and descendants, or the breach of the general duty of care during violent behaviour created by the subject or any other type.
A distinction is made between manslaughter by serious negligence or less serious negligence. To understand the difference between both, we must look at what case law dictates.
Manslaughter by serious negligence
According to case law, manslaughter by serious negligence is characterised by the failure to observe the most elementary prudence, the most basic rules of precaution and care, and the total disregard for the most elementary duties of caution, easily foreseeable for a minimally prudent person.
There is no legal criterion to determine the gravity of the recklessness; therefore, this circumstance is left to the judge’s discretion.
Manslaughter by less serious or simple negligence
On the other hand, less serious or simple negligence is characterised by careless or slight conduct, sufficient to breach a duty of care required of diligent persons—the omission of precautions that a moderately cautious and forward-thinking person would not have incurred.
Reckless manslaughter penalties
Manslaughter by serious negligence: This carries a prison sentence of one to four years, although depending on the situation, other penalties may be imposed:
If a motor vehicle or moped was used, the deprivation of the right to drive for one to six years will also be imposed.
If a firearm was used, it carries the deprivation of the right to own weapons for one to six years.
Aggravated subtype: There is also an aggravated subtype of serious reckless manslaughter that can be charged if the criminal act is of special gravity, and if it has caused the death of two or more persons, or the death of one and injuries constituting a crime in another. In this subtype, a penalty one degree higher will be imposed.
Hyper-aggravated subtype: This occurs when the number of deceased is very high, in which case the penalty will be increased by two degrees.
Less serious reckless manslaughter: This is punished with a fine of three to eighteen months, and will be charged when the judge considers that the recklessness is not serious.
If a motor vehicle was used, a driving ban of three to eighteen months may be imposed.
If a firearm was used, a weapons ban of three to eighteen months may be attributed.
In our specialist law firm in Barcelona, we are dedicated exclusively to criminal law. We are backed by numerous successful cases in criminal courts across the country.
Professional Reckless Manslaughter
When the cause of the manslaughter is professional negligence, it is punished with the corresponding penalty for the reckless crime and, additionally, with a special disqualification from exercising the profession, trade, or office for a period of three to six years.
Preterintentional Manslaughter
In addition to the types mentioned above, a conduct called preterintentional manslaughter is distinguished, which, despite not being explicitly regulated in the Penal Code, is quite frequent.
This type occurs when it is not possible to consider the manslaughter as intentional or reckless—that is, when the ultimate intention of the subject is unknown, or in cases where the culprit did not intend to cause harm as serious as that which was finally produced.
In these cases, case law establishes that the intentional attitude of the accused and the result of this attitude must be taken into account. Even if death was not the author’s objective, it would be considered intentional manslaughter.
Involuntary or Negligent Manslaughter
Involuntary manslaughter is that which occurs when a death is produced through an action that does not comply with the objectively required duty of care.
The Supreme Court (Criminal Chamber) highlights that «anyone who causes an event through recklessness will always be the author… the omission of the duty of care is carried out in a strictly personal way.»
Involuntary manslaughter usually occurs in the following situations:
Vehicle accidents
Medical negligence
Abuse or negligence in the care of persons
If the motive was negligence, it is also known as negligent homicide. For example, if a person dies in a workplace accident due to a lack of safety by the company, or if a patient dies due to medical malpractice in a hospital.
Attempted Manslaughter
What is attempted manslaughter?
Attempted manslaughter consists of the author beginning the execution of the crime (the act of killing) without the result occurring, due to causes beyond their will.
To be convicted of an attempt, the court will assess:
The relationship between the accused and the victim.
The moment chosen to commit the crime.
The background and context of the event.
The means or weapons used.
The injuries and damage caused, as well as the area of the body attacked.
The intensity of the attack.
The health status of the victim after the aggression.
The court will reduce the penalty by one degree in the case of a «finished attempt» (where all acts were performed) and by two degrees in cases of an «unfinished attempt.»
Penal Code: Attempted Manslaughter
Attempted manslaughter is defined in Article 141 of the Penal Code.
ARTÍCULO 141
La provocación, la conspiración y la proposición para cometer los delitos previstos en los tres Artículos precedentes, será castigada con la pena inferior en uno o dos grados a la señalada en su caso en los Artículos anteriores.
Attempted manslaughter penalty
The penalty applied is one or two degrees lower than that indicated for the completed crime.
Withdrawal in the crime of manslaughter
Withdrawal is an imperfect form of this crime. It occurs when the subject voluntarily abandons or prevents the completion of the crime. According to Article 16 of the Penal Code, this conduct exempts the perpetrator from criminal liability for the attempted crime.
Prescription of the crime
The crime of manslaughter expires (prescribes) fifteen years after it has been completed. In the case of attempted manslaughter where the victim is a minor, the period begins once the victim reaches the age of majority.
Prescription of the penalty
Penalty of 15+ years: expires at 20 years.
Penalty of 10–15 years: expires at 15 years.
Penalty of 5–10 years: expires at 10 years.
Serious reckless manslaughter: expires at 5 years.
Less serious reckless manslaughter: expires at 5 years.
What is the difference between Manslaughter and Murder?
We are Specialist Manslaughter and Murder Lawyers.
Both crimes attack human life, and the result is the same: the death of the victim. However, the main difference lies in the intensity of the attack; murder (asesinato) is the maximum intensity of manslaughter.
In murder, the author acts with «ensañamiento» (deliberately increasing the victim’s suffering) or with a purely criminal intent. It is also considered murder when it is committed for a price, reward, or promise.
For a more detailed understanding, we invite you to consult our article «Difference between Manslaughter and Murder,» where we address this topic in greater depth.
If you need criminal legal assistance for a manslaughter offence, contact the best criminal lawyers in Barcelona.