Law Firm specialising in Crimes against Persons
Every person has the right to life and to his or her physical and moral integrity.
The Spanish legal system considers a person to be any person born with more than 24 hours of life.
The most relevant crimes against persons, typified in the Penal Code, are homicide, murder, injury or ill-treatment in the family environment, with abortion, euthanasia or inducement to suicide also being considered as such.
The criminal lawyers in Madrid of G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in the resolution of any problem that may arise from crimes against persons.
Article 138 Penal Code
"Whoever kills another person shall be punished, as a murderer, with a prison sentence of ten to fifteen years".
The crime of homicide is described as the act of taking the life of a person, either with intent to do so or through gross recklessness.
Homicide
Article 138 of the Penal Code punishes homicide with a prison sentence of 10 to 15 years, or 1 to 4 years if the manslaughter was committed with gross recklessness.
The criminal lawyers at G. Elías y Muñoz Abogados, with offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in resolving any problems that may arise in relation to homicide.
Murder
Article 139 Penal Code
Whoever kills another person in any of the following circumstances shall be punished by imprisonment for a term of fifteen to twenty years as a murderer:
- With malice aforethought.
- or a price, reward or promise.
- With malice aforethought, deliberately and inhumanely increasing the pain of the offended party.
The Penal Code provides for murder as an aggravated form of homicide, taking into account the special circumstances of malice aforethought, reward or malice aforethought that may be involved, hence the greater severity of the penalty.
The criminal lawyers at G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in resolving any problems that may arise from murder.
Injuries
Article 147 Penal Code
1. Anyone who, by any means or procedure, causes injury to another person that harms his bodily integrity or his physical or mental health, shall be punished for the offence of injury with a prison sentence of six months to three years, provided that the injury objectively requires medical or surgical treatment in addition to initial medical assistance. Simple medical surveillance or medical monitoring of the course of the injury shall not be considered medical treatment.
The same penalty shall be imposed on anyone who, within a period of one year, has carried out the action described in Article 617 of this Code four times.
2. However, the act described in the previous paragraph shall be punishable by a prison sentence of three to six months or a fine of six to 12 months, when it is less serious, taking into account the means used or the result produced.
A person who causes harm to another person, undermining their physical integrity or mental health, and who requires medical or surgical treatment for their recovery, in addition to the first medical assistance, is considered to have committed the offence of injury.
If you are injured by a crime of injury, you should know that you can start claiming your rights by means of a complaint or lawsuit, with the assistance of a criminal lawyer, being entitled to compensation for the civil liabilities that may arise from the prosecution of the facts.
The criminal lawyers of G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in the resolution of any problem that may arise from an injury offence.
Mistreatment
Article 148 Penal Code
The injuries provided for in paragraph 1 of the previous article shall be punishable with a prison sentence of two to five years, depending on the result caused or risk produced:
4.-If the victim is or has been a wife, or a woman who is or has been linked to the perpetrator by an analogous relationship of affectivity, even without cohabitation.
5.- If the victim is a particularly vulnerable person who lives with the perpetrator.
If the injuries occur within the family unit, the offence is considered in its aggravated form, known as ill-treatment, gender violence or domestic violence, with a higher penalty being imposed, in accordance with the content of article 148 of the Penal Code.
This penalty is imposed on anyone who habitually exercises physical violence on the person who is or has been their spouse or on the person who is or has been linked to them in a stable manner as a common-law partner or on their own children or those of their spouse or cohabitants, ascendants or incapable persons who live with them, or who are subject to parental authority, guardianship, curatorship, foster care or de facto guardianship of one or the other.
If you are a victim of mistreatment, you should know that you can start to claim your rights by means of a complaint or lawsuit, assisted by a criminal lawyer, who will defend your rights.
The criminal lawyers at G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in resolving any problem that may arise from crimes of abuse, domestic violence or gender violence.
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