Crimes Against Persons: Murder and Sexual Assault
Crimes Against Persons
employed for the execution means, methods or forms that tend to secure it, without risk to her person could come from the defense of the offended.”
This fact can not be estimated in the death of defenseless beings, since the position of inferiority is understood to be caused by the aggressor.
2.b. By price, reward or promise (Art. 22.3 PA). These circumstances must have an economic nature, require that the person who kills, you have done for that reason.
2.c. With malice (Art. 22.5 CP), “deliberately and inhumanly increasing the pain of the victim”, ie to increase their suffering through acts of cruelty, torture, etc.., Pre-production of death.
Anyone convicted of murder carries a penalty greater than the murder to be guilty of this a special law to fit even a prison sentence of twenty to twenty-five when attend more than one of the circumstances referred to above (Section 140 PA).
The provocation, conspiracy and sentence in cases of homicide and murder, are punished with the penalty lower by one or two degrees than that prescribed in its case (Art. 141 CP).
a. conspiracy (Art. 17.1 CP), exists when two or more persons conspire to run an offense and run it resolved.
b. Statement (Rule 17.2 CP), exists when it has decided to commit a crime, invites another or others to execute it.
Sexual assault
– Article 178 CP, basic type, “which seeks to undermine the sexual freedom of another person through violence or intimidation shall be punished as sexual assault responsible for …”.
From this base rate excluding sexual intercourse, ie aggression should occur without penetration (fondling, masturbation to the victim or forcing him to masturbate, etc..) Or any type of physical or psychological aggression can break the will the taxpayer.
– Article 179 CP, qualified type, “when sexual assault is to carnal vaginal, anal or oral, or introduction of bodily members or objects for any of the first two routes, the offender shall be punished as guilty of rape” .
The 1999 reform has re-introduced in the Criminal Code the concept of rape, treating it as a special qualified course sexual assault, characterized by the idea of penetration of the penis for vaginal, anal or oral, or by the introduction of objects by one of the first two routes.
Before the 1999 reform, the woman could not be considered biologically as guilty of rape. With the replacement of penetration by sexual intercourse, and consideration of the term introduction of bodily members or objects opens the possibility for women to be active participants in the crime of rape.
– Art 180.1 PA qualified type, “the above behaviors will be punished with imprisonment from four to ten years for abuse of Article 178, and twelve to fifteen years to the Article 179, where one of the following circumstances “.
Lists some specific aggravating circumstances for the two previous types, aggravating the penalty depending on whether it is a sexual assault (Article 178 PC), or rape (Art. 179 CP).
1. “When violence or intimidation are of a particularly degrading or humiliating.” Circumstances beyond the sexual assault or rape.
2. “When the acts are committed by the joint action of two or more people.” It requires two or more people come to perform sexual intercourse or insertion of objects, just one of them holding the violence or intimidation of the victim while the other performs the act directly.
In any case, according to the theory of joint authorship, joint action need not necessarily be linked to the implementation of the act, since the use of violence or intimidation are part of the typical action of sexual assault. Therefore, all would be equally responsible.
3. “When the victim is particularly vulnerable because of their age, illness or condition, and in any case where less than thirteen years.” To appreciate this aggravation, there must be some degree of violence or intimidation can overcome resistance of the victim, otherwise it would constitute the sexual abuse.
4. “If, for carrying out the crime, the person responsible has availed of a relationship of superiority or kin to be ascendant, descendant or sibling, by nature or adoption, or marriage with the victim.”
5. “When the author makes use of weapons or other equally dangerous, likely to produce death or any of the injuries specified in Articles 149 and 150 of this Code, without prejudice to the penalty that may be available for death or injury” .When the legislature adopt the term without prejudice, meaning that in cases where for the violation result in injury to those contained in Articles 149 and 150 CP (the loss or worthlessness of an organ or principal member or non-main impotence, infertility, genital mutilation …), this qualification will be assessed in competition with the respective result.
– Art 180.2 CP, “if two or more concur in the above circumstances, the penalties provided in this article shall be imposed in the upper half. For example, the father who rapes his daughter under thirteen (vulnerability and relationship relation).