The difference between 'homidicio' and 'asesinato' in the Spanish Penal Code
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By h.b. - Feb 17, 2009 - 3:21 PM
The difference between the two is an important one, and has been highlighted currently by the lack of a body in the case of the killing of Marta del Castillo in Sevilla

Organic Law 10/1995 of November 23, Penal Code.

BOOK II.
CRIMES AND THEIR PUNISHMENT.
PART I.
OF MURDER AND ITS FORMS.

Article 138.
Anyone who kills another shall be punished as guilty of murder, to imprisonment for ten to fifteen years.

Article 139.
Shall be punished with imprisonment from fifteen to twenty years, as guilty of murder, which kills otherwise any of the following circumstances:
1. With treachery.
2. For price, reward or promise.
3. With cruelty, deliberate and inhumane increasing the pain of the victim.

Article 140.
When a murder occurred in more than one of the circumstances provided in the preceding article shall impose a sentence of imprisonment of twenty to twenty five years.

Article 141.
Provocation, conspiracy and incitement to commit offenses under the three articles above, shall be punished by the penalty lower by one or two degrees to the signal in the case previous articles.

Article 142.
1. Anyone who recklessly causes serious death of another shall be punished as guilty of murder reckless with imprisonment of one to four years.
2. When the reckless homicide is committed using a motor vehicle, a moped or a weapon.
Fire was also imposed, and respectively, the penalty of driving disqualifications motor vehicles and motorcycles or the deprivation of the right to possession and carrying of weapons, from one to six years.
3. When the murder was committed by professional negligence penalty imposed in addition disqualified for the exercise of profession, trade or office for a period of three to six years.

Article 143.
1. Anyone who induces another to commit suicide shall be punished by imprisonment of four to eight years.
2. The penalty of imprisonment goes from two to five years for cooperating with acts of suicide of a person.
3. Shall be punished by imprisonment of six to ten years if cooperation were to the point of death.
4. Which causes or acts are to cooperate actively and directly to the death of another, by request, serious and unequivocal that, in cases where the victim suffered a serious illness
which necessarily lead to his death or which causes serious illness and permanent hard to bear, shall be punished less than one or two degrees to those identified in the 2 and 3 of this article.

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