What is the difference between homicide and murder

On more than one occasion we have heard information about a court case in which there is talk about an accusation for ' murder ' and in many others for ' murder '. Although we may think that these two terms mean the same thing, in the legal field they are words that present important differences when it comes to judging a case and determining the duration of the defendant's sentence. In this article we tell you in detail what are the differences between homicide and murder .

one

Before clarifying the differences between homicide and murder, it is important to be clear about the common factor that both crimes present. This is the behavior of causing death to another person . However, thanks to the information gathered from the events that occurred, parameters are established on which the differences between the two terms are based and the duration of the penalty for the crime committed is determined. Let's see what they are next.

two

It is considered a crime of murder when the act of causing death to another person is carried out under any of the following circumstances:

• Alevosía . It is carried out with premeditation and provoking a situation in which the victim can not defend himself or is in a condition of inferiority or helplessness.
• Cruelty It occurs when the aggressor inhumanly increases the pain and suffering of the victim.
• Concurrence of price . It refers to when the crime is committed in exchange for receiving a payment, whether economic or material.

In case the judge in charge of judging the case considers that there may have been any of these assumptions in the crime or all three at the same time, the imputation will be elevated to the crime of murder.

3

Once this is known, we can say that the main difference between homicide and murder is that a crime is considered homicide, when the crime does not contemplate any of the three circumstances indicated in the previous section and, in contrast, in the murder contemplates one or a combination of the three.

4

However, in a crime of homicide, although it is determined that there has been no treachery, cruelty or price competition, different ranges are also established.

The main range is whether the homicide is voluntary or involuntary . It is considered voluntary when the crime is caused intentionally but without becoming treacherous. In contrast, involuntary manslaughter is determined when the death of another person is caused without any intention, as in the case of a traffic accident. We also distinguish the so-called negligent homicide when the death occurs because of a failure or negligence such as a medical failure during any surgical operation.

5

And, obviously, another of the main differences between homicide and murder is in the duration of the sentences for the crime committed.

• In case of imputation for homicide, the penalty can vary from one year to 15 years in prison . The variation of the penalty will depend on whether it is a voluntary homicide, which would be between ten and fifteen years in prison, or involuntary or negligent homicide with penalties of between one and four years in prison.
• The penalty for murder is much greater and can range from 15 to 25 years in prison .