The crime of homicide, murder, induction to suicide and abortion.
The death caused to a person is punishable as murder if there is treachery, price, reward or promise, cruelty or deliberate and inhumane increase of the victim’s pain.
These criminal offenses are among the most serious of the Penal Code. The investigation of the judicial police will be exhaustive and the compilation of all the evidence, conclusive. Any fact of these characteristics requires it. However, all investigated have the right to the presumption of innocence and the evidence obtained with violation of fundamental rights are void.
If there is the possibility of eliminating evidence for violation of law, we must do so, whatever the case may be.
Article 143.4 CP expressly regulates euthanasia, as we know it, that is, the assistance to the death of a person suffering from an incurable disease that would necessarily lead to his death or that produces serious permanent and difficult to endure, provided that there is an express, serious and unequivocal request from the person who has died.
The sentence is determined by the referral to the sentence provided by the suicide aid for cooperation with acts necessary to cause death, from 2 to 5 years, or from 6 to 10 years when the cooperation reaches the point of executing the death , in both cases with a reduction that can lead to a final sentence of 6 to 18 months in prison.
Yes. Law 5/1995, of May 22, of the Jury Court provides for homicide (articles 138-140 CP) among the crimes for which a popular jury must be constituted. Although euthanasia is regulated outside these articles, it will be enough for the prosecution or the private prosecution to raise the case as a homicide so that it can be resolved by a popular jury.
The Organic Law 2/2010, of 3 March, on sexual and reproductive health and the voluntary interruption of pregnancy (modified in 2015 to set the age of majority to make the decision to adopt) regulates the cases of legal abortion.
Outside of the legal assumptions, the woman who provokes the abortion or gives her consent for another person to provoke it can be sentenced with a fine of 6 to 24 months. The amount of the fine can be € 2 to € 400.