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Gender-based violence: defence and prosecution in Madrid
Defence and representation, taking account of any protection measures in force.
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A surprise attack and attempted murder
One case of The Criminal Chamber related to criminal services.
Supreme Court · Second Chamber (Penal) · 2018
ECLI:ES:TS:2018:2003
What the Supreme Court considered and decided
The court changed the classification from attempted homicide to attempted murder after finding treachery in an attack on the defendant’s partner. It examined the surprise attack and her lack of effective means of defence.
What this helps explain
The difference between homicide and murder requires that the qualifying circumstance be justified on the basis of the established facts.
Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.
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Related legal terms
NegligenceSelf-defenceTreachery in the commission of an offenceDeliberate infliction of unnecessary sufferingCivil liability arising from an offenceBodily injuryGender-based violenceHabitual domestic abuseProtection orderInterim measuresPrivate prosecution by the victimReporting an offencePreliminary investigative proceedingsAbbreviated criminal procedureTrial hearing