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Capital punishment was common in the Spanish kingdom, and methods used included decapitation (especially for nobility). In 1820 Ferdinand VII replaced all other methods with the garrote, which was used mainly since then, including for the liberal freedom fighter Mariana de Pineda Muñoz and the assassin of six-time Prime Minister of Spain Antonio Cánovas del Castillo.
His death resulted in the de facto abolition of the death penalty, [38] as no further executions took place. [39] Capital punishment was abolished for all civil crimes by the Spanish Constitution of 1978, with sanctioned military executions in war time the sole exceptions. In 1995, the Spanish parliament abolished the death penalty in all ...
After the Spanish transition to democracy, the death penalty was abolished and the maximum prison sentence remained at 30 until November 2003, when the government of José María Aznar increased it to 40 years for convicted terrorists. [2] [3]
With the 1973 Penal Code, prosecutors once again started requesting execution in civilian cases, but the death penalty was abolished in 1978 after dictator Francisco Franco's death. The last man to be sentenced to death by garroting was José Luis Cerveto "el asesino de Pedralbes" in October 1977, for a double robbery–murder in May 1974.
The Criminal Code is a fundamental law of the Spanish criminal law, because it is a limit to the ius puniendi (or «right to punish») of the State. The Code was enacted by the Spanish Parliament on 8 November 1995 [1] and it was published in the Official State Gazette (BOE) on 23 November. [2] The Code is in force since 25 May 1996. [2]
Homicide, according to the Spanish Criminal Code of 1995, is a crime which contravenes the legal right to "independent human life". It is found in article 138 which states: "Whoever kills another shall be convicted of manslaughter, punishable with a sentence of imprisonment from ten to fifteen years".
Burning or other destruction of their homes before the transfer was prohibited on death penalty. [ 25 ] Certain exceptions were granted: six families out of every 100 would be allowed to stay behind and maintain the infrastructure of towns that had been predominantly Morisco-inhabited.
The state attorney general’s office is so zealous that it told the state Supreme Court one wrongly convicted man should be put to death even despite evidence that he’s innocent. Missouri has a ...