What is the difference between the crime of manslaughter and murder?

What is the crime of homicide?

The crime of homicide is intended to punish anyone who carries out conduct consisting of killing another person, regardless of the means used. This criminal offence is described in article 138 of the Penal Code, and verifies its intentional form, that is to say, with the intention or will to put an end to the life of another person. This offence is punishable by a prison sentence of ten to fifteen years.

On the other hand, the aggravated type of the crime of homicide occurs when a series of conditions are met that justify the imposition of a higher penalty, such as, for example, that the crime of homicide occurs after the perpetrator has committed a crime against the sexual freedom and indemnity of the victim, when the victim is under 16 years of age, or if the perpetrator belongs to a criminal group or organisation, as described in article 138.2 of the Criminal Code.

There is also the possibility of classifying such an action as a crime of reckless homicide, in which the perpetrator acts without having a clear and direct intention to cause harm and, consequently, the death of another person. For example, this is the case of someone who drives under the influence of alcohol or narcotic substances, causing an accident in which the death of a third person is caused without being fully aware of it. This type of offence is regulated in article 142.1 of the Penal Code, and is classified as gross negligence.

What is the crime of murder?

The crime of murder is defined in article 139 of the Penal Code, the typical action being to deprive another person of their life (as in the case of homicide) although, unlike the type of article 138, in this case it is necessary for one of the following circumstances to be present:

1st.- Alevosía: This consists of ensuring the effectiveness of the death of another person, diminishing any possibility of defence of the victim. For example, when the active subject supplies the victim with narcotics, taking advantage of their state of unconsciousness to kill them.

Price, reward or promise: This occurs in cases where the perpetrator deprives the victim of his life in exchange for something else, such as money.

3º. - With cruelty, deliberately and inhumanely increasing the pain of the victim: This involves deliberately increasing the suffering of the victim, through actions that are not necessary to cause their death. For example, when the aggressor wants to kill his victim by shooting at him, without affecting vital organs (such as a mana), only with the aim of increasing his suffering, until finally causing his death with a shot to the head.

4º.- To facilitate the commission of another crime or to prevent it from being discovered.

This type of criminal offence is punishable by a prison sentence of fifteen to twenty-five years, and the upper half of the sentence will be applied when more than one of the above circumstances is present.

What is the difference between manslaughter and murder?

In order to see the differences between the crime of manslaughter and murder, it is necessary to look at the seriousness of the circumstances in which the facts take place. Murder can be considered as an aggravated form of homicide, as it is necessary that there be premeditation, overkill, price, reward or promise to qualify it as such.

Therefore, the penalties are higher for the crime of murder, given the greater intensity and gravity with which the crime is committed.

In order to qualify a conduct as homicide, the manner in which the victim is killed is irrelevant, as long as none of the typical circumstances of the crime of murder are present. On the other hand, the crime of murder is only committed if one of the aforementioned circumstances occurs.

As can be seen, the types of homicide and murder are particularly complex to study, taking into account the legal implications that are generated by their commission. Therefore, it is especially advisable to turn to a team of experts in criminal law to design a legal strategy to protect your rights. At Audacia Abogados we will be happy to help you.