Spain

Criminal Code

BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE I
On felonies and misdemeanours

CHAPTER I
On felonies and misdemeanours

Article 15

1. Both a consummated offence and an attempted offence are punishable.

2. Misdemeanours shall only be punishable when consummated, except those attempted against persons or properties.

Article 16

1. An attempted offence takes place when a person begins to perpetrate an offence by direct action, perpetrating all or part of the acts that objectively should produce the intended result, and notwithstanding this, such is not attained due to causes beyond the control of the principal.

2. Whoever voluntarily avoids the offence being consummated, either by going no further with its commission when already commenced, or by preventing the result from taking place, shall be exempt from criminal accountability, without prejudice to the accountability he may have incurred for the acts perpetrated, should these already have constituted another felony or misdemeanour.

3. When various subjects intervene in an act, the one or those who desist from execution thereof once already commenced, and who prevent or attempt to prevent consummation, in a serious, firm manner, shall be exempt from criminal accountability, without prejudice to accountability they may have incurred for the acts perpetrated, should these already have constituted another felony or misdemeanour.

Article 17

1. A conspiracy exists when one or more persons collude to commit a crime and decide to carry it out.

2. A proposition exists when he who has resolved to commit a crime invites another or other persons to commit it.

3. Conspiracy and solicitation to perpetrate an offence shall only be punishable in the cases specifically foreseen in the Law.

Article 18

1. Provocation exists when a direct incitation is present by means of the printing press, radio broadcasting or any other means with a similar effectiveness, affording publicity, or when persons have gathered, inciting the perpetration of a crime.

Conniving at a criminal act by expressing approval thereof, for the purposes of this Code, is presentation, before an assembly of persons, or by any means of diffusion, of ideas or doctrines that defend the offence or praise the principal. Connivance at a criminal act by expressing approval thereof shall only be criminal as a form of provocation and if, due to its nature and circumstances, it constitutes a direct incitement to commit a crime.

2. Provocation shall be punished exclusively in cases in which the Law foresees this. If the provocation has been followed by perpetration of the offence, it shall be punished as induction.

Keywords

Individual criminal responsibility



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