Spanish Criminal Law: Murder and Robbery Explained
Murder (Asesinato) – Article 139
Murder is defined as the killing of another person under specific aggravating circumstances. It is punishable by 15 to 20 years imprisonment. The aggravating circumstances are:
- Premeditation (Alevosía): Using means or methods to ensure the killing without risk to the perpetrator.
- Price, reward, or promise (Precio, recompensa o promesa): The killing is motivated by an economic incentive.
- Cruelty (Ensañamiento): Deliberately and inhumanely increasing the victim’s suffering.
The presence of even one of these circumstances elevates a homicide to murder. Multiple circumstances result in a more severe sentence (Article 140).
Aggravating Circumstances in Detail
Premeditation (Alevosía)
This involves ensuring the result and avoiding risk, often placing the victim in a defenseless position. Examples include poisoning, disguise, breach of trust, traps, or targeting vulnerable individuals.
Price, Reward, or Promise (Precio, recompensa o promesa)
The killing is motivated by an economic benefit, which can be promised before or given after the crime. This involves at least two parties: the perpetrator and the person offering the incentive.
Cruelty (Ensañamiento)
This involves intentionally inflicting additional pain and suffering on the victim before death.
Difference Between Homicide and Murder
Homicide can be reckless or intentional, while murder requires specific aggravating circumstances. Attempted murder is possible, but attempted reckless homicide is not.
Robbery (Robo) – Article 237
Robbery is the seizure of movable property for profit, using force or violence/intimidation against persons.
Types of Robbery
- Robbery with force on things (Article 238 et seq.): Using force to access the property.
- Robbery with violence or intimidation against persons (Article 242): Using violence or threats against individuals.
Robbery with Force on Things (Robo con fuerza en las cosas) – Article 238
This involves using force to access the property. The basic types include:
- Scaling (Escalamiento): Entering through an unusual route.
- Breaking a wall, ceiling, floor, door, or window: Breaking external structures.
- Breaking cupboards, chests, or other furniture, or forcing locks or using stolen keys: Breaking internal structures.
- Using false keys: Including electronic lock picks or cards.
- Disabling alarm systems.
This type of robbery is subsidiary to robbery with violence or intimidation.
Aggravated Robbery with Force on Things – Article 241
Robbery is aggravated if it occurs in an inhabited place, increasing the risk of personal injury and violating privacy.
Robbery with Violence or Intimidation Against Persons (Robo con violencia o intimidación en las personas) – Article 242
This involves using violence or intimidation against individuals to seize property. It is punishable by two to five years imprisonment, in addition to any penalties for physical violence. The violence or intimidation must be the means used to achieve the theft. It can be directed at the property owner or a third party. The violence must be significant, excluding minor acts like slaps or pushes. Intimidation must be sufficient to subdue the victim. This type of robbery absorbs the crimes of coercion and threats.