Murder or Homicide?

A Man was recently stabbed to death in
Villamartin, Orihuela Costa. A British man,
believed to be in his 20´s, was reportedly
stabbed to death with a broken bottle at a sports
bar in Villamartin, Orihuela Costa.
The incident occurred in the early hours of last Saturday, when a man was
attacked and stabbed in the neck, throat, face and thorax. Three British citizens
have been arrested in connection with the crime; two men aged 26 and 43, and a
woman aged 39.
The arrested, if enough evidence of their participation in the tragic incident is
found, will be now prosecuted and depending on the development of the case
(facts, evidence, particular circumstances of the case, etc) the alleged criminals
could be charged with Homicide or Murder.
Homicide is a crime subject to 10-15 years imprisonment. However, Murder, as
an aggravated crime, has a related penalty of 15 to 20 years imprisonment.
What turns a Homicide into Murder are the aggravating circumstances; 1. To use
means, tools or any other way to ensure the result (death), 2. To kill for a price or
reward, and 3. Murder with malice or cruelty. If two of the three aggravating
circumstances before mentioned are considered then, the alleged criminal could
be punished with 20 to 25 years imprisonment.

Ignacio Ganga, Lawyer and Barrister at Raymundo & Hopman Abogados.

January 2016

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