Legal Classification of Conduct and Euthanasia, Abortion, and Genetic Manipulation in Spanish Criminal Law
PEC 1
1. Legal Classification of Conduct
a. Mauricio’s Case: Mistaken Identity
Mauricio, intending to kill Vincent, mistakenly kills Alberto. Despite the error, this is classified as homicide. The intent to kill was present, even if directed at the wrong person.
b. Eusebio’s Case: Aberratio Ictus
Mauricio, aiming for Vincent, accidentally kills Eusebio. This is considered a concurrence of attempted murder (against Vincent) and reckless homicide (against Eusebio).
c. Vincent’s Case: Treachery and Aggravated Cruelty
Mauricio’s attack on Vincent from behind, inflicting multiple stab wounds, could be considered murder due to treachery (ensuring the victim’s inability to defend themselves). Aggravated cruelty might also be considered. Since Vincent survived, the crime is attempted murder.
2. Euthanasia in Spain
Punishable methods of euthanasia in Spain are limited to direct active euthanasia, where the intent is to cause death (Article 143.4). Indirect active euthanasia (where treatment foreseeably causes death) and passive euthanasia (withholding life-sustaining treatment) are not punishable.
The living will (Law 41/2002) is crucial, especially when consent cannot be obtained for medical procedures.
3. Abortion in Spain
The Spanish penal system maintains specific circumstances where abortion is justified and not punishable, with the mother’s consent and required medical reports:
- Serious danger to the mother’s life or health
- Presumed physical or psychological risk to the fetus (up to 22 weeks)
- Pregnancy resulting from rape (up to 12 weeks)
4. Crimes Related to Genetic Manipulation
Typical behaviors related to genetic manipulation include:
- Manipulation of human genes (protecting human heredity)
- Using genetic engineering for biological weapons (ensuring human survival)
- Fertilizing human eggs for non-procreative purposes (debated whether criminal or administrative)
- Cloning or race selection (protecting human gene sanctity)
- Assisted reproduction without consent (protecting women’s freedom and dignity)