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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]
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Article 70 of the Spanish Criminal Code of 1973 prescribed a maximum length of physical imprisonment of up to 30 years (there is no sentencing limit), and Henri "Unai" Parot was sentenced to a total of 4,797 years. This 30-year maximum could be further reduced by good behaviour and participation in rehabilitative measures such as work and study.
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The Spanish Civil Code regulates the interpretation of laws in Spain, and establishes the following: 3.1. Laws are to be interpreted according to the proper meaning of their words, in relation to their context, historic and legal records and the social reality of the time in which they have to be applied, paying particular attention to the ...
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". The main legal concept in article 138 is ...