According to the Federal Criminal Code, felonies are those that endanger the lives of others, attempt against good moral conduct and obstruct the welfare of society, among other things. Also, these crimes are typified in this manner because they carry the most severe penalties and sanctions, all related to the deprivation of liberty.
Serious crimes in the criminal code are acts that are committed in a categorical way against the legal security of society and the rights of others. Also when an infringement is committed against the principles stipulated in the law and are punishable by a severe penalty.
The Criminal Code establishes the types of crimes, these are: misdemeanors, felonies and misdemeanors. In order to determine which crime belongs to one of the classifications it is necessary to review what the law establishes for a certain infraction. Crimes are established in the Penal Code and are regulated by the Criminal Law. Any matter related to a crime should be dealt with in accordance with what is established in the Penal Code and with the advice of a criminal lawyer.
Classification of crimes
The classification of crimes is made according to the form of action, crime according to the procedural form, by the forms of culpability, crimes by the form of the quality of the active subject, crimes by the damage they cause and crimes of result.
Crime by the form of action
The crime by the form of the action can be committed by:
- By commission, it is when an action is committed that is prohibited by a norm.
- By omission, it is committed when the norm requires the person to act and he/she does not do so.
- Crime by the forms of culpability
The crime by the forms of culpability is classified based on the intention of the subject and can be:
- Pre-intentional crime, is when the person has the intent or intention to commit a crime, but the result is greater than what he would have planned.
- Reckless or negligent crime, occurs when the person does not want to commit a crime, but commits it assuming a risk of which he/she is aware.
- And intentional crime is committed with intent and the person is aware that he/she is committing a crime.
Offenses for the result
The crimes by the result is according to the damage they cause and can be:
- Formal crimes, it requires a series of procedures for the crime to occur.
- Material crimes, the commission of this crime requires the desire of the action, the sanction of objective form of the subject.
What is a felony?
A felony is committed by an individual who fails to comply with the principles established in the law and which the law itself punishes with a serious penalty. The way to determine whether a crime is serious or not, is with the penalty that is applied to the person who committed the infraction.
The person who commits a serious crime is fully aware that his behavior will cause harm to society and other people. But this does not change the decision to commit the act that is against the Law.
When these situations occur, it is necessary to apply exemplary measures that serve as a sanction for the offender. The measures applied at the same time will serve to ensure respect for the rights of society and individuals.
What are the most serious penalties?
Serious penalties are established in the Spanish Penal Code in Article 33, which are applied proportionally to the damage or injury that has been caused and therefore can be especially serious for the person who receives it. These penalties are as follows:
Revisable permanent prison sentence.
The penalty of permanent, but revisable, imprisonment, this penalty is imposed for illegal acts that are of great danger. The person who receives this penalty will be in prison until he/she is ready to reintegrate into society.
The main characteristic of the permanent reviewable prison sentence is that the person is obliged to remain deprived of liberty for 25 years. After this time, the sentence can be reviewed according to the traits and behavior of the offender.
When the sentence is reviewed, the defendant can obtain permission to leave or be transferred to an open regime or to the third degree of imprisonment. But the review can also be done when at least 8 years have passed and in the case of a criminal organization 12 years have passed.
The crimes that are classified as serious and receive permanent imprisonment are, multiple deaths in the form of murder, the crime of rape of minors, crimes of genocide and dehumanization, crimes committed in a criminal organization.
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