Article 142 of the Penal Code

  Penal Code

1. Whoever causes the death of another through serious imprudence will be punished, as convict of homicide reckless, with a prison sentence of one to four years.

If the reckless homicide was committed using a motor vehicle or a moped, the penalty of deprivation of the right to drive motor vehicles and mopeds from one to six years will also be imposed. For the purposes of this section, driving in which the concurrence of any of the circumstances provided for in article 379 determines the production of the act will be considered in any case as serious imprudence.

If the reckless homicide was committed using a firearm, the penalty of deprivation of the right to carry or possession of weapons for a period of one to six years will also be imposed.

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If the homicide was committed due to professional negligence, the penalty of special disqualification for the exercise of the profession, trade or position for a period of three to six years will also be imposed.

2. Whoever, due to less serious imprudence, causes the death of another, will be punished with a fine from three months to eighteen months.

If the homicide was committed using a motor vehicle or a moped, the penalty of deprivation of the right to drive motor vehicles and mopeds from three to eighteen months may also be imposed. Less serious imprudence will be considered, when it is not classified as serious, provided that the fact is the consequence of a serious infraction of the rules on traffic, motor vehicle circulation and road safety, appreciated by the entity of this by the Judge or the Court.

If the homicide was committed using a firearm, the penalty of deprivation of the right to carry or possession of weapons for a period of three to eighteen months may also be imposed.

The offense provided for in this section will only be prosecuted by complaint of the aggrieved person or his legal representative.

art 142 cp

Article 142 of the Penal Code Spanish refers to the punishment of manslaughter in their acts. The article differentiates between serious and less serious negligence, as well as the ways in which this occurs crime of reckless homicide.