Homicide Trial in Spain: Jury Courts, Procedure and Your Defence

Homicide cases in Spain are among the most serious matters handled by the criminal justice system. Whether the charge is imprudent homicide (homicidio imprudente), intentional homicide (homicidio doloso), or the more serious crime of murder (asesinato), the consequences are life-altering. Expert criminal defence from the first moment is not optional — it is essential.

How Spanish Law Defines Homicide

Article 138 of the Spanish Penal Code defines homicide as causing the death of another person without the specific aggravating circumstances that constitute murder. Intentional homicide carries a sentence of 10–15 years imprisonment. Aggravated intentional homicide (where the victim is particularly vulnerable) increases this to 15–22 years. Imprudent homicide arising from serious recklessness carries 1–4 years.

The Role of the Jury in Homicide Cases

Spain uses a mixed jury system (Tribunal del Jurado) for serious crimes including homicide. 9 lay jurors decide questions of fact, while a professional judge rules on law and sentencing. For the defence, this means two parallel strategies: legal arguments before the judge, and a clear narrative of events for the jury. Jury selection and how evidence is framed in the oral trial can be decisive. RINBER’s trial lawyers are experienced in both dimensions.

Key Elements of a Homicide Defence

Depending on the circumstances, a homicide defence may focus on: self-defence (legítima defensa) or defence of others, the absence of intent to kill (arguing lesser charges), challenging forensic and medical evidence on cause of death, alibi evidence, mental health and diminished responsibility, and procedural violations in the investigation that may render key evidence inadmissible.

Contact RINBER Immediately

If you or a family member is being investigated or charged with homicide in Spain, contact RINBER Abogados Penalistas without delay: +34 627 467 043. We represent clients across all of Spain.