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Homicide In Spain
Homicide, according to the Spanish Criminal Code of 1995, is a crime which contravenes the legal right to "independent human life". It is found in article 138 which states: "Whoever kills another shall convicted of manslaughter, punishable with a sentence of imprisonment from ten to fifteen years". The main legal concept in article 138 is bad faith. It may be present in any form, whether direct or indirect. The active subject (whoever kills) as well as the passive subject (the one who is killed) are universal, meaning that either can be any person, regardless of the circumstances. Homicide committed by grave recklessness is covered in article 142, which includes both reckless homicide by weapons or motor vehicles and homicide caused by professional recklessness. It states: {{Quote , text=1. Whoever causes the death of another by serious negligence shall be convicted of manslaughter and punished with a sentence of imprisonment of one to four years.2. When the manslaughter is commi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spanish Criminal Code
The Criminal Code is a law that codifies most criminal offences in Spain. The Code is established by an organic law, the Organic Law 10/1995, of 23 November, of the Criminal Code (''Ley Orgánica 10/1995, de 23 de noviembre, del Código Penal''). Section 149(6) of the Spanish Constitution establishes the sole jurisdiction of the Cortes Generales over criminal law in Spain. The Criminal Code is structured through two books. The first book regulates general norms about criminal offenses and penalties and the second book regulates crimes and other dangerous situations, to which the code attributes penalties and security measures, respectively. The Criminal Code is a fundamental law of the Spanish criminal law, because it is a limit to the ''ius puniendi'' (or «right to punish») of the State. The Code was enacted by the Spanish Parliament on 8 November 1995 and it was published in the Official State Gazette (BOE) on 23 November. The Code is in force since 25 May 1996. Since its ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a Category of being, category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bad Faith
Bad faith (Latin: ''mala fides'') is a sustained form of deception which consists of entertaining or pretending to entertain one set of feelings while acting as if influenced by another."of two hearts ... a sustained form of deception which consists in entertaining or pretending to entertain one set of feelings, and acting as if influenced by another; bad faith", ''Webster's Dictionary'', 1913 It is associated with hypocrisy, breach of contract, affectation, and lip service. It may involve intentional deceit of others, or self-deception. Some examples of bad faith include: Soldiers waving a white flag and then firing when their enemy approaches to take prisoners (cf. perfidy); a company representative who negotiates with union workers while having no intent of compromising;"Bad Faith Negotiation," Union Voice a prosecutor who argues a legal position that he knows to be false; an insurer who uses language and reasoning which are deliberately misleading in order to deny a cl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reckless Homicide
Reckless homicide is a crime in which the perpetrator was aware that their act (or failure to act when there is a legal duty to act) creates significant risk of death or grievous bodily harm in the victim, but ignores the risk and continues to act (or fail to act), and a human death results. It is contrasted with negligent homicide Negligent homicide is a criminal charge brought against a person who, through criminal negligence, allows another person to die. Examples include the crash of Aeroperu Flight 603 near Lima, Peru. The accident was caused by a piece of duct tape ..., in which the perpetrator did not have the awareness of the risk, but should have had it. References {{Crime-stub Homicide Recklessness (law) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spanish Law
The Law of Spain is the legislation in force in the Kingdom of Spain, which is understood to mean Spanish territory, Spanish waters, consulates and embassies, and ships flying the Spanish flag in democratically elected institutions. Characteristics Spanish law follows the continental system, which means it is supported principally by the law in the broad sense (laws and regulations) and to a lesser extent by judicial decisions and customs. Likewise, it is a complex law, in which various autonomous community legislation coexists with the national. Constitutional supremacy The supreme Spanish law is the Spanish Constitution of 1978, which regulates the functioning of public bodies and the fundamental rights of the Spanish people, as well as the organization and competencies of the different autonomous communities. The Constitution, as well as being directly applicable by the judiciary, enjoys a material supremacy that determines the rest of the laws in Spain. Constitutional control ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parricide
Parricide refers to the deliberate killing of one’s own father and mother, spouse (husband or wife), children, and/or close relative. However, the term is sometimes used more generally to refer to the intentional killing of a near relative. It is an umbrella term that can be used to refer to acts of matricide and patricide. Matricide refers to the deliberate killing of one’s own mother. Patricide refers to the deliberate killing of one’s own father. The term parricide is also used to refer to many familicides (i.e. family annihilations wherein at least one parent is murdered along with other family members). Societies consider parricide a serious crime and parricide offenders are subject to criminal prosecution under the homicide laws which are established in places (i.e. countries, states, etc.) in which parricides occur. According tthe law in most countries, an adult who is convicted of parricide faces a long-term prison sentence, a life sentence, or even capital punishme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Uxoricide
Uxoricide (from Latin ''uxor'' meaning "wife" and -cide, from ''caedere'' meaning "to cut, to kill") is the killing of one's own wife. It can refer to the act itself or the person who carries it out. It can also be used in the context of the killing of one's own girlfriend. The killing of a husband is called mariticide. Rates of uxoricide Though overall rates of spousal violence and homicide in the US have declined since the 1970s, rates of uxoricide are significantly higher than rates of mariticide (the murder of a husband). Of the 2340 deaths at the hands of intimate partners in the US in 2007, female victims made up 70%. FBI data from the mid-1970s to mid-1980s found that for every 100 husbands who killed their wives in the United States, about 75 women killed their husbands. However, wives were more likely to kill their husbands than vice versa in some US cities including Chicago, Detroit, Houston, and St. Louis. Uxoricide rates varied among different demographic subgroup ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Homicide
Homicide occurs when a person kills another person. A homicide requires only a volitional act or omission that causes the death of another, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no intent to cause harm. Homicides can be divided into many overlapping legal categories, such as murder, manslaughter, justifiable homicide, assassination, killing in war (either following the laws of war or as a war crime), euthanasia, and capital punishment, depending on the circumstances of the death. These different types of homicides are often treated very differently in human societies; some are considered crimes, while others are permitted or even ordered by the legal system. Criminality Criminal homicide takes many forms including accidental killing or murder. Criminal homicide is divided into two broad categories, murder and manslaughter, based upon the state of mind and intent of the person who commits the homicide. A report ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
