CRIMES AGAINST PEOPLE
HOMICIDE - MURDER - YOU INJURE - KIDNAPPING
THE WITNESS IN THE PENAL PROCESS
For their importance in the crimes against people, we will point out those understood in the Book I, Titles I at the IX both inclusive of the Penal Spanish Code of 1995 (THE 10/1995, of November 23)
Crime of Homicide and their forms Abortion Crime Crime of Lesions.
Crime of Lesions to the fetus. Relative crimes to the genetic manipulation. Crimes against the freedom.
Of the tortures and other crimes against moral integrity. Crimes against the freedom and sexual indemnity. Of the omission of the aid duty.
The Organic Law 11/2003, of September 29, of concrete measures as regards civic security, domestic violence and the foreigners' social integration (B.Or.And. nº 234 of September 30), he/she settles down in their Exhibition of reasons:
"The fight Plan against the delinquency, presented by the Government the day September of 2002, 12 contemplated a group of performances that you/they included measured so much organizational as legislative. Among last o'clock he/she put on a special accent in the measures directed to strengthen the civic security, to combat the domestic violence and to favor the social integration of the foreigners. This organic law comes to complete the group of legislative measures that you/they serve from development to this plan and, hence, it should not be considered scatteredly, but in the group of initiatives of the Government to improve the protection of the rights of the citizens, especially in front of the aggressions of the delinquency. To achieve these objectives demands to approach a series of reformations in the matters mentioned to achieve an improvement of the juridical classification whose essential elements are exposed next."
Basics that it passes the Organic Law 11/2003: It 1.-modifies the Penal Code of 1995, as for the following articles:
to) The art. 23 that it is with the literal following tenor: It is "circumstance that can attenuate or to increase the responsibility, according to the nature, the reasons and the effects of the crime, to be or to have been the wronged spouse or person that it is or have been bound in a stable way for similar relationship of affectivity, or to be ascending, descendant or brother by nature or the offender's adoption or of their spouse or cohabiting."
b) The art. 66, he/she refers to the application of the pain, where a graduation type settles down for deceitful crimes, as there is or not extenuating circumstances or added difficulties.
c) they modify the sections 1,2 and 3 of the art. 89 that it is edited as it continues:
"1. The inferior exclusive hardships of freedom to six years imposed a foreigner non resident legally in Spain will be substituted in the sentence by their expulsion of the Spanish territory, unless the judge or tribunal, previous audience of the Fiscal Ministry, exceptionally and in a motivated way, appreciate that the nature of the crime justifies the execution of the condemnation in a penitentiary center in Spain.
Equally the judges or tribunals, at the request of the Fiscal Ministry, will agree legally in sentence the expulsion of the foreigner's non resident national territory in Spain condemned to pain of same prison or superior to six years, in case you consents to the third penitentiary grade or once they understand each other fulfilled the fourth three parts of the condemnation, unless, exceptionally and in a motivated way, appreciate that the nature of the crime justifies the execution of the condemnation in a penitentiary center in Spain.
The expulsion will be taken to effects without it is of application that prepared in the articles 80, 87 and 88 of the Penal Code.
The expulsion this way agreed it will take I get the file of any administrative procedure that had for object the authorization to reside or to work in Spain.
In the supposition that, agreed the substitution of the exclusive pain of freedom for the expulsion, this could not be taken to effect, you will proceed to the execution of the exclusive pain of you liberate imposed originariamente or of the period of condemnation slope.
2. The foreigner won't be able to return to Spain in a 10 year-old term, counted from the date of his expulsion, and, in any event, while it has not prescribed the pain.
3. The foreigner that tried to smash a judicial decision of expulsion and entrance prohibition to which you/they refer the previous sections will be returned by the governmental authority, beginning to be computed the term of entrance prohibition again in his integrity"
d) he/she modifies the article 108 of the Penal Code, for the case of foreigners non residents legally in Spain, in the one that the judge or tribunal can substitute the measure of security for the expulsion of national territory
and) the section 1 are added and it modifies the section 2 of the article 147 of the Penal Code, in the following sense: As for the section that one adds (1) "with the same pain it will be punished the one that, in the term of one year, have carried out four times the action described in the article 617 of this Code"
f) he/she modifies the article 149, with respect to the serious lesions, as mutilations or uselessness of organs or main members.
g) he/she modifies the article 153 (aggression or physical or psychic abuse), in the following way:
"The one that for any mean or procedure caused to another psychic damage or a non defined lesion as crime in this Code or it hit or he/she mistreated from work to another without causing him/her lesion, or he/she threatened another in a light way weapons and other dangerous instruments, when in all these cases the offended one belonged some from people to those that he/she refers the article 173.2, it will be punished with the pain of prison of three months to one year or works in benefit of the community from 31 to 80 days and, in any event, privation of the right to the holding and behavior of weapons of one to three years, as well as, when the judge or tribunal estimates it appropriate to the minor's interest or unable, special disqualification for the exercise of the native imperium, guides, guardianship, keeps or acogimiento for time of six months to three years.
The pain will be imposed in its superior half when the crime is perpetrated in presence of smaller, or using weapons, or take place in the common home or in the victim's home, or be carried out smashing a pain of those contemplated in the article 48 of this Code or a precautionary measure or of security of the same nature."
h) he/she modifies the article 173, on the degrading abuses for the moral integrity, or also the one that exercises physical or psychic violence on their spouse or person still tied by similar relationship of affectivity without coexistence that is edited in the following way:
"1. The one that inflicted another person a degrading treatment, impairing their moral integrity gravely, it will be punished with the pain of prison of six months to two years.
2. The one that habitually it exercises physical or psychic violence on who is or have been their spouse or envelope person that it is or have been bound to him for a similar relationship of affectivity still without coexistence, or on the descendants, ascendancy or siblings by nature, adoption or likeness, own or of the spouse or cohabiting, or on the minors or unable that they cohabit with him or that they are subject to the imperium, it guides, guardianship, acogimiento or he/she keeps in fact of the spouse or cohabiting, or person have more than enough you/he/she aids in any other relationship for which is integrated in the nucleus of her family coexistence, as well as on people that are subjected for her special vulnerability to custody or she keeps in public or private centers, you/he/she will be punished with the pain of prison of six months to three years, privation of the right to the holding and behavior of weapons from two to five years and, in her case, when the judge or tribunal estimates it appropriate to the minor's interest or unable, special disqualification for the exercise of the native imperium, guides, guardianship, keeps or acogimiento for time of one to five years, without damage of the hardships that could correspond to the crimes or lacks in that you/they had summed up the acts of he/she saw physical or psychic gum.
The hardships will be imposed in their superior half when some or some of the acts of violence are perpetrated in presence of smaller, or using weapons, or take place in the common home or in the victim's home, or be carried out smashing a pain of those contemplated in the article 48 of this Code or a precautionary measure or of security or prohibition of the same nature.
3. To appreciate the habitualidad to that refers the previous section, it will be assisted to the number of acts of violence that you/they are credited, as well as to the temporary vicinity of the same ones, with independence that this violence has been exercised on the same or different victims of those understood in this article, and that the violent acts have been or I don't object of prosecution in previous processes."
i) he/she modifies the article 188, as for the subjection to sexual exploitation, using violence, intimidation or deceit or abusing of situation of superiority or necessity or the victim's vulnerability, so much to age grown-ups as smaller, graduating the pain according to the cases.
j) a paragraph second it is added to the article 234, for the realization of at least four times lacks of theft of the article 623.1
k) a paragraph second it is added to the section 1 of the article 244, for which carries out at least four times the actions of the article 623.3 of the Penal (subtraction without spirit of appropriation of a vehicle) Code.