Of the homicide and its forms (art. 138 – art. 143 bis of the Spanish Penal Code)
“Of the homicide and its forms” is how is entitled, the Title I of the Book II of the Spanish Penal Code (CP). The CP is divided into two parts. On the one hand, in the firs part we find the Preliminary Title, in it we find gathered principles as important as the principle of […]
The extinction of the criminal liability and its effects (art. 130 – art. 137 of the Spanish Criminal Code)
“The extinction of the criminal liability and its effects” is how is entitled, the Title VII of the Book I of the Spanish Criminal Code (CP). Title which is also divided into two chapters, a chapter I entitled “Of the causes which extinguished the criminal liability”, and a chapter II entitled “Of the cancellation of […]
Of the accessory consequences (art. 127 – art. 129 bis of the Spanish Criminal Code)
“Of the accessory consequences” is the title of the Title VI of the Book I of the Spanish Criminal Code (CP). In it, we find regulated the seizure, which the CP has considered an accessory consequence, and as such, not included within the group of the punishments or the security measures. Therefore, its nature will […]
Of the civil liability derived from the crimes and the procedural costs (art. 109 – art. 124 Of the Spanish Criminal Code)
“Of the civil liability derived from the crimes and the procedural costs” is how is entitled the Title V of the Book I of the Spanish Criminal Code (CP). Title which at the same time is divided into tree chapters, the first “Of the civil liability and its extension”, the second “Of the persons civilly […]
Of the security measures (art. 95 – art. 108 of the Spanish Criminal Code)
“Of the security measures” is the title of the Title IV of the Book I of the Spanish Criminal Code (CP), this is divided into two chapters “The security measures in general” and “Of the application of the security measures”, the latter also divided into two sections “Of the freedom´s privative measures” and “Of the […]
Of the substitutive ways of the execution of the freedom´s privative punishments and the conditional release (art. 80 – art. 94 bis of the Spanish Criminal Code)
“Of the substitutive ways of the execution of the freedom´s privative punishments and the conditional release”, is how is entitled the Chapter III, of the Title III, of the Book I of the Spanish Criminal Code (CP). In this chapter we find how are regulated three different scenarios: 1) The suspension of the execution of […]
Of the application of the punishments (art. 61 – art. 79 of the Spanish Criminal Code)
“Of the application of the punishments”, this is the way in which is entitled the Chapter II, of the Title III, of the Book I of the Spanish Criminal Code (CP). As its own name indicates, in it we find the rules which will be of application when the length of a punishment is established […]
Of the persons criminally liable of the crimes (art. 27 – art. 31 quinquies of the Spanish Criminal Code)
The Title II of the Book I of the Spanish Criminal Code (CP) is entitled “Of the persons criminally liable of the crimes”. In it, as we can deduce from its name, are established those who can be regarded criminally liable for the commission of a crime, this, likewise, will suppose their civil liability (art. […]
The causes which affect to the criminal liability: the exemptions, the mitigating factors and the aggravating circumstances of the Spanish Criminal Code (art. 19 – art. 23 CP)
Within the Title I of the Book I of the Spanish Criminal Code (CP) we find the modifying causes of the criminal liability, they are gathered in three consecutive chapters, the Chapter II “Of the causes which exempt of the criminal liability”, the Chapter III “Of the circumstances which mitigate the criminal liability” and the […]
Introduction to the Spanish Criminal Code (CP) and its Preliminary Title: Of the criminal guarantees and of the application of the criminal Law (art. 1 – art. 9 CP)
“Of the criminal guarantees and of the application of the criminal Law” is how is entitled the Preliminary Title of the Spanish Criminal Code, as well known as the Organic Law 10/1995, of 23 November (LO 10/1995), which entered into force on 26 May 1996 (Seventh Final Disposition LO 10/1995). The LO 10/1995 gave birth […]