Criminal Defense Lawyers Specializing in Homicide and Murder
We are a criminal defense law firm based in Madrid, experts in the legal defense of homicide, murder, and related offences.
Since the establishment of our firm, Valmaseda Abogados has specialized in defending clients accused of homicide and murder, achieving notable outcomes at both the national level and before the Audiencia Nacional (National Court). Our primary objective is to obtain a not-guilty verdict for our clients or to secure the dismissal of the case during the investigation phase.
The crime of homicide is committed when the act of killing another person is carried out. It is a crime against life, where the legally protected interest is independent human life. The typical act consists of depriving another person of life, and the death must be the direct consequence of actions taken by the perpetrator.
Under the Spanish Criminal Code, no distinction is made regarding the means used — except insofar as the specific circumstances that constitute the crime of murder are concerned — or whether the act was committed with violence or by omission.
Types of Homicide
Intentional Homicide (Homicidio Doloso)
This occurs through a willful act, meaning the perpetrator had the knowledge and intent to take a life. According to legal precedent, it is sufficient that the author knew what they were doing.
There is also aggravated homicide under Article 138.2 of the Criminal Code, which applies a higher degree penalty when certain circumstances are present, such as:
The victim is under 16 years old or otherwise especially vulnerable due to age, illness, or disability.
The homicide occurs after a sexual offense by the same perpetrator against the same victim.
The homicide is committed by a member of a criminal group or organization.
The crime constitutes an attack against authority, law enforcement, or public officials.
Reckless Homicide (Homicidio Imprudente)
This occurs when negligent actions lead to a person’s death, meaning the perpetrator failed to meet the objective and subjective duty of care required.
Criminally negligent homicide may be serious or less serious. Serious negligent homicide can occur through use of a motor vehicle, firearm, or professional negligence and carries accessory penalties such as loss of driving privileges, loss of firearm possession rights, and professional disqualification.
Article 142 bis of the Criminal Code establishes aggravated and hyper-aggravated subtypes depending on severity and number of victims.
Preterintentional Homicide
Although not explicitly defined in the Spanish Criminal Code, jurisprudence applies preterintentional homicide when the perpetrator’s culpability cannot be considered intentional or negligent — for example, when someone intends to injure another person but unintentionally causes death.
In such cases, the Supreme Court treats the act as intentional based on the results.
Attempted Homicide: Completed and Incomplete
Homicide may be attempted in either a completed or incomplete form. The difference lies in the perpetrator’s intent, whether to kill or to injure. Courts consider factors such as:
The circumstances leading up to the act
The relationship between perpetrator and victim
The chosen opportunity for the act
The weapon or means used
The wound or injury inflicted
Whether there were repeated blows or continued aggression
The victim’s condition at the end of the attack
Difference Between Homicide and Murder
Both homicide and murder are crimes against human life that occur when one person takes another’s life. However, murder requires additional specific elements such as premeditation (alevosía), cruelty (ensañamiento), or acts motivated by price, reward, or promise.
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