Now, the Penal Code requires that it be analyzed

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Justified in a justified judicial resolution whether or not the violation of traffic, circulation and road safety regulations has been decisive for the production of the homicidal act. Preintentional homicide: jurisprudence Jurisprudence has established a third type of crime of homicide that is not expressly included in the Penal Code. Preintentional homicide includes those acts not covered by the intent or recklessness of the homicide. The cases in which this figure is applied are those in which the perpetrator does not have the will to kill nor acts negligently . His behavior has another purpose (for example, to injure), but the result is the person's death. Penalties for types of homicide crimes The individual who commits intentional homicide will be sentenced to a prison sentence of 10 to 15 years. The sanction will be imposed in its upper half when any of the following aggravating circumstances occur : The victim is a minor under 16 years of age or a person vulnerable due to age, disability or illness. The homicide occurs after a sexual attack on the victim. The perpetrator of the criminal act belongs to a criminal group and organization .

The crime of homicide constitutes at the same time the crime of attack . 1. Anyone who kills another will be punished, as guilty of homicide, with a prison sentence of ten to fifteen years. 2. The acts will be punished with the highest penalty in degree in the following cases: a) when any of the circumstances of section 1 of article 140 occur in its commission, or b) when the facts also constitute a crime of attack under article 550. Article 138 of the Penal Code In the case of homicide due to serious negligence , the penalty imposed is imprisonment of 1 to 4 years, plus accessory penalties . If it is a less serious DM Databases homicide due to recklessness , a fine of 3 to 18 months plus accessory penalties applies. Attempted homicide The attempt involves an action plan by which a subject has the will to kill or violates the protected legal good, human life, but does not achieve its result due to circumstances beyond his control. The penalty for attempted murder is one or two degrees lower because it has not been completed: Prison of 5 to 10 years, attempt ended. Prison of 2 and a half to 5 years, unfinished attempt.



Difference between homicide and murder Murder is an intentional homicide in which any of these circumstances occur : Treachery : the means or circumstance that is taken advantage of ensures the helplessness of the victim. Harassment : the intensity of the behavior tends to deepen the victim's suffering. Price, reward or promise: the purpose of the behavior is to obtain financial compensation. Facilitate the commission of another crime or prevent its discovery. The penalty for the crime of murder is 15 to 22 years. If two or more elements occur, it will be applied to its upper half. 1. Anyone who kills another under any of the following circumstances will be punished with a prison sentence of fifteen to twenty-five years, as convicted of murder: 1. With treachery. 2. By price, reward or promise. 3. With cruelty, deliberately and inhumanly increasing the pain of the offended party. 4. To facilitate the commission of another crime or to prevent its discovery. 2. When more than one of the circumstances provided for in the previous section occur in a murder, the sentence will be imposed in its upper half.