crimes, Criminal law

He murder is causing the death of an innocent person, this can be premeditated and with much cruelty or with treachery. This is a crime known in most of the world as a crime against humanity.

Currently the indices of murders have increased considerably, compared to previous years. They have even become more violent and have improved their methods; the murderers pay at least a ten-year prison sentence. 

 If you want to know more and in detail about the murder You can continue reading this entire article until the end to learn more about the topic.

What is murder?

The crime of murder It occurs when an individual causes the death of another in a manner that is deliberate mediating one or all of the elements, among these we have cruelty, treachery, price, reward or promise.

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This is a crime which is intentional and there is no place for reckless commission. All criminal legislation has criminalized murder as a crime against humanity. 

commit a murder has been punished with a prison sentence ranging from 15 years to approximately 20 years at a minimum, which can be increased to 25 years, in the event that two or more circumstances of the crime occur.

These cases are usually if the murder with cruelty and if it was committed with treachery, they are often of price and treachery.

They can also be with a combination of all three at the same time. In some countries around the world, murder is punishable with life imprisonment or in some more serious cases with the death penalty.

He murder It is a crime against human life, which consists of killing an individual as long as it is committed in various specific circumstances such as treachery, cruelty, price, reward or promise.

It is a type of homicide of a special gravity, but they are totally different crimes due to greater criminal intensity, which requires murder.

Differences and similarities between the crimes of homicide and murder

One of the similarities between the crimes of homicide and murder, is he legal good in the crime of murder It is the same as in the crime of homicide, it is independent human life. 

In addition, it also shares another similarity with homicide is the typical action, killing and the active and passive subjects, which can be any person.

He murder, is an autonomous crime that has a greater criminal intensity and not an aggravated type of homicide.

Murder is carried out through treachery, cruelty, price, reward or promise. Homicide lacks these elements; when these elements intervene, it is already a crime. murder.

In it murder In addition, there is a greater intensity of its criminal purpose than in homicides, there always being a subject who uses harmful means in a special way full of malice and danger.

Furthermore, these can be premeditated, based on plans and strategies to be able to subsequently consummate the murder of all his victims.

The Treachery

Treachery is an aggravating circumstance of criminal responsibility.

 This is a circumstance or a means used by the author of a murder to ensure that he does not run any type of risk to the victim's defense.

Through treachery, an attempt is made to ensure the victim's defenselessness in the face of an attack. This is the most typical way to act through aggression that is surprise or betrayal.

Jurisprudence understands treachery as a method that contains a subjective element, which provides the action with greater illegality, which is motivated for taking advantage of the victim's defenselessness.

The cruelty 

According to jurisprudence, cruelty consists of being able to deliberately and inhumanly increase the victim's pain. This is considered a form of torture prior to the death of the victim, which caused physical and mental suffering.

Harassment is also known as the deliberate increase of the inhuman suffering to a victim.

1. The court will agree to suspend the execution of the sentence of reviewable permanent imprisonment when the following requirements are met:

a) That the convicted person has served twenty-five years of his sentence, without damage of the provisions of article 78 bis for the cases regulated therein.

b) That it is classified in third grade.

c) That the court, in view of the personality of the convicted person, his background, the circumstances of the crime committed, the relevance of the legal assets that could be affected by a repetition of the crime, his conduct during the fulfillment of the sentence, their family and social circumstances, and the effects that can be expected from the suspension of the execution itself and compliance with the measures that were imposed, can be founded, after evaluating the progress reports sent by the penitentiary center and by those specialists that the The court itself determines the existence of a favorable prognosis for social reintegration.

In the event that the person has been convicted for several crimes, the examination of the requirements referred to in letter c) will be carried out by evaluating all the crimes committed as a whole.

The court will decide on the suspension of the permanent, reviewable prison sentence after a contradictory oral procedure in which the Public Prosecutor's Office and the convicted person, assisted by his lawyer, will intervene.

Article 92.1 of the Penal Code