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Circumstances in which death occurs: through treachery, cruelty or price, reward or promise. The penalties are also different , with the penalties for the crime of murder being more serious. Intentional homicide is punishable by a prison sentence of 10 to 15 years. However, aggravated homicide is punishable by a higher penalty in the following cases: If one of the circumstances of article 140.1 occurs: If the victim is under 16 years of age or is a particularly vulnerable person due to his or her age, illness or disability. That the event was subsequent to a crime against sexual freedom that the author had committed on the victim. That the crime is committed by a member of a criminal group or organization . 1. Murder will be punished with a permanent prison sentence that can be reviewed when any of the following circumstances occur: 1. That the victim is under sixteen years of age, or is a particularly vulnerable person due to his or her age, illness or disability.
That the event was subsequent to a crime against sexual freedom that the author had committed on the victim. 3. That the crime had been committed by someone who belonged to a criminal group or organization. Article 140.1 of the Penal Code When the facts also constitute a crime of attack under article 550. 1. Those who attack or, with serious intimidation or violence, seriously resist the authority, its agents or public officials, or DM Databases attack them, when they are in the exercise of the functions of their positions or on the occasion of the attack, are guilty of attack. of them. In any case, acts of attack will be considered those committed against teaching or health officials who are in the exercise of the functions of their position, or on the occasion of them. 2. Attacks will be punished with prison sentences of one to four years and a fine of three to six months if the attack is against authority and imprisonment of six months to three years in other cases.
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Notwithstanding the provisions of the previous section, if the authority that is attacked is a member of the Government, the Government Councils of the Autonomous Communities, the Congress of Deputies, the Senate or the Legislative Assemblies of the Communities Autonomous, local Corporations, the General Council of the Judiciary, Magistrate of the Constitutional Court, judge, magistrate or member of the Public Prosecutor's Office, a prison sentence of one to six years and a fine of six to twelve months will be imposed. Article 550 of the Penal Code On the other hand, the crime of homicide due to serious negligence is punishable by prison sentences of 1 to 4 years and other accessory penalties . Likewise, homicide due to less serious recklessness is punishable by a fine of 3 months to 18 months and other accessory penalties. For its part, the penalty for the crime of murder is 15 to 25 years in prison. However, if two of the circumstances of article 139 occur, the sentence will be imposed in its upper half.
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