Homicide & Murder Defence in Spain
English-speaking defence under articles 138–143 of the Spanish Penal Code. Over 25 years before the Audiencia Provincial, Audiencia Nacional and Tribunal Supremo.
Homicide and murder are among the most serious offences recognised by Spanish criminal law. A charge of this kind can mean decades in prison, irreversible family disruption and permanent consequences for every area of a client’s life. RINBER Abogados has over 25 years of experience defending homicide proceedings before the Audiencia Provincial, the Audiencia Nacional and the Spanish Supreme Court. Call our English-speaking emergency line now: +34 627 467 042.
Homicide is governed by articles 138 to 143 of the Spanish Penal Code and carries prison sentences ranging from 1 year (serious-negligence manslaughter) to 25 years or permanent reviewable imprisonment (aggravated murder). The distinction between homicidio, asesinato and imprudencia can mean more than a decade of difference in the final sentence. At RINBER Abogados we analyse every case from the first minute to build the strongest possible defence and minimise the criminal consequences for our client.
What is homicide under Spanish law? Article 138 CP
The offence of homicidio is defined in article 138 of the Spanish Penal Code: “whoever kills another person shall be punished, as guilty of homicide, with a prison sentence of 10 to 15 years.” Unlike English law, Spain has a sharp statutory line between homicidio (homicide) and asesinato (murder): the latter requires at least one of four qualifying circumstances — treachery (alevosía), a price or reward, cruelty, or acting to conceal another crime.
Types of homicide and sentencing ranges in Spain
Intentional homicide — article 138.1 CP
The basic offence: causing the death of another with intent. Sentence: 10 to 15 years’ imprisonment. A range of factors — prior record, victim vulnerability, concurrent offences — push the sentence within that band or trigger the aggravated version under article 138.2 CP (15 to 22 years and 6 months).
Aggravated homicide — article 138.2 CP
Applies when the victim is under 16, particularly vulnerable, or the homicide is committed following a sexual offence. Sentence: 15 years to 22 years and 6 months. In practice, Spanish prosecutors often charge 138.2 CP in domestic-violence homicide cases, which substantially raises the sentencing exposure.
Murder (asesinato) — article 139 CP
Homicide with at least one qualifying circumstance: alevosía (treachery, attacking someone unable to defend themselves), price or reward, cruelty (deliberately increasing the victim’s suffering) or acting to facilitate or conceal another offence. Sentence: 15 to 25 years. Where two or more qualifying circumstances apply, the sentence rises under article 140 CP to 20 to 25 years or permanent reviewable imprisonment (prisión permanente revisable).
Reckless manslaughter — article 142 CP
Death caused without intent, by serious (imprudencia grave: 1–4 years) or less-serious negligence (imprudencia menos grave: fine up to 18 months). Typical scenarios include traffic accidents, industrial incidents and medical negligence. Reclassifying a case from intentional homicide to reckless manslaughter is often the single most valuable defence outcome available.
Dolo eventual — the grey zone
Spanish case law distinguishes direct intent (dolo directo), indirect intent (dolo eventual, where the defendant accepts the possibility of death as a consequence of their act) and negligence. Whether a case is charged as dolo eventual homicide (138 CP) or serious-negligence manslaughter (142 CP) can change the sentence by more than 10 years. This is one of the most contested legal questions in every Spanish homicide trial.
Modifying circumstances: how they change the sentence
Mitigating circumstances relevant to homicide
- Incomplete self-defence (art. 21.1 CP in relation to art. 20.4) — reduces the sentence by one or two degrees
- Intoxication or addiction — severe intoxication (art. 20.2 CP) can be a full defence; lesser degrees are mitigating
- Severe mental disorder — total or partial exemption depending on expert psychiatric evidence
- Reparation of harm — payment of compensation before trial (art. 21.5 CP)
- Undue delay — Spanish proceedings frequently exceed 4 or 5 years, triggering the mitigating circumstance of “dilaciones indebidas” (art. 21.6 CP)
- Confession before knowing proceedings have begun (art. 21.4 CP)
Aggravating circumstances a defence must neutralise
- Recidivism (reincidencia) — prior convictions for similar offences
- Kinship — domestic relationship with the victim
- Discrimination — racial, gender or religious motive
- Abuse of trust or abuse of position
How RINBER defends homicide and murder charges
Forensic and scientific evidence analysis
Forensic reports in homicide cases are frequently decisive. RINBER instructs independent forensic experts to re-examine cause of death, time of death, DNA traces, ballistic reports and chain of custody of every piece of evidence. Challenging forensic findings at the oral trial stage has led to acquittals in cases where the prosecution’s scientific case appeared conclusive on paper.
Reclassifying intent: from homicide to manslaughter
Often the single highest-value defence work in a homicide case is not securing an acquittal but reclassifying the offence from intentional homicide (article 138) or murder (article 139) to reckless manslaughter (article 142). The sentence difference can exceed 10 years. This work requires detailed analysis of the actus reus, the sequence of events and the defendant’s mental state at the moment of the act.
Self-defence under article 20.4 CP
Legítima defensa is a full defence when (a) there is an unlawful aggression, (b) the means used are rationally necessary and (c) there is no provocation by the person defending themselves. Incomplete self-defence reduces the sentence by one or two degrees. RINBER has obtained full and partial self-defence rulings in cases involving firearms, bladed weapons and fatal altercations.
Investigation defence — from the first custody hearing
Homicide investigations often last 2–4 years. The decisions taken during instrucción — whether to testify, which expert reports to submit, whether to challenge detention or seek provisional liberty — shape the trial. RINBER is physically present from the first custody hearing at the Juzgado de Instrucción and coordinates every procedural step thereafter.
Key Supreme Court case law on homicide
Spanish Supreme Court (Tribunal Supremo) judgments that shape every homicide defence strategy include: STS 890/2022 on the distinction between dolo eventual and reckless conduct; STS 412/2021 on incomplete self-defence; STS 74/2020 on alevosía requiring a defenceless victim; and STS 716/2019 on dilaciones indebidas as a very qualified mitigating circumstance. Skilful use of this case law can shift sentencing ranges by years.
Frequently asked questions about homicide in Spain
How many years in prison does homicide carry in Spain?
Intentional homicide: 10 to 15 years (art. 138.1 CP). Aggravated homicide: 15 to 22 years 6 months (art. 138.2). Murder: 15 to 25 years (art. 139). Aggravated murder: 20 to 25 years or permanent reviewable imprisonment (art. 140). Reckless manslaughter: 1 to 4 years (art. 142).
What is the difference between homicide and murder in Spain?
Murder (asesinato) requires at least one of four circumstances: alevosía (treachery), price or reward, cruelty or acting to conceal another offence. Without any of these, the offence is homicidio. The difference between the two can add up to 10 years to the sentence.
What is dolo eventual and how does it affect my case?
Dolo eventual is the Spanish legal concept of indirect intent: the defendant did not want the death, but accepted it as a foreseeable consequence of their conduct. Classification as dolo eventual keeps the offence within article 138 (10–15 years). Reclassification as serious negligence under article 142 CP reduces the sentence to 1–4 years.
Can self-defence reduce or eliminate the sentence?
Yes. Complete self-defence (article 20.4 CP) results in acquittal. Incomplete self-defence reduces the sentence by one or two degrees — meaning a homicide charge could become 2 to 7 years rather than 10 to 15. Disproportionate response remains a mitigating circumstance.
How long does a homicide investigation take in Spain?
The instrucción (investigation phase) typically lasts 12 to 24 months, extendable for complex cases. The full path from arrest to final judgment can reach 3 to 5 years. Delays beyond reasonable limits trigger the mitigating circumstance of dilaciones indebidas under article 21.6 CP.
RINBER: specialist homicide and murder defence
Javier Rincón Bernal has defended in some of Spain’s highest-profile homicide cases, including the La Manada Militar de Bobadilla proceedings. Manuel Rincón Bernal has obtained sentence reductions exceeding 50% in homicide-adjacent cases by reclassifying intent and challenging forensic evidence. The firm handles homicide proceedings throughout Spain, before every Audiencia Provincial, the Audiencia Nacional and the Tribunal Supremo.
If you or a family member have been arrested, charged or summoned as a suspect in a death investigation in Spain, call our 24-hour English-speaking emergency line: +34 627 467 042. The first consultation is free and protected by legal privilege.
English-speaking defence from the first minute of arrest
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Javier Rincón Bernal
Abogado Penalista — Socio Director
📍 Málaga, Granada, Madrid, Sevilla, Córdoba
⚖️ Narcotráfico · Agresión Sexual · Homicidio
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Manuel Rincón Bernal
Abogado Penalista — Especialista en Extradición
📍 Málaga, Granada, Madrid, Marbella, Murcia
⚖️ Extradición · Blanqueo de Capitales · Narcotráfico
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Call Javier Rincón Bernal directly. Free initial consultation. Available 24 hours a day for criminal emergencies in Spain.
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