Full text
Text in force since 15 September 2022.
The text below is the official Spanish wording of this provision; the summary and guidance above are in English.
TÍTULO I — Del homicidio y sus formas
Text in force since 15 September 2022.
The text below is the official Spanish wording of this provision; the summary and guidance above are in English.
History of reforms to this article, from oldest to most recent, as recorded in the BOE’s consolidated legislation.
Ley Orgánica 10/1995, de 23 de noviembre, del Código Penal.
In force from 24/05/1996 to 30/06/2015
In force from 01/07/2015 to 02/03/2019
In force from 03/03/2019 to 14/09/2022
Article 142 defines the offence of negligent homicide: causing another person's death without intent to kill, through a breach of the objective duty of care. The provision distinguishes two levels of negligence by severity, carrying very different penalties, and adds further joint penalties where the act is committed with a motor vehicle, a firearm, or in the course of a profession.
Paragraph 1 punishes gross negligence: the most intense breach of the duty of care, one a reasonably diligent person would never have committed. Paragraph 2 punishes less serious negligence, an intermediate category between gross negligence and the level of carelessness that falls outside criminal law, introduced by Organic Law 1/2015 and refined by the 2019 reform to address significant carelessness that had previously gone unpunished or been wrongly classified. Punishable only by a fine of three to eighteen months, it is a minor offence (Art. 13.4 CP), time-barred after one year.
Gross negligence carries one to four years' imprisonment. If committed with a motor vehicle or moped, disqualification from driving for one to six years is added; if with a firearm, disqualification from carrying or possessing firearms for one to six years; and where professional negligence is involved, special disqualification from the profession, trade or office for three to six years. The law also clarifies that where any of the circumstances of Article 379 (drink-driving, drugs or grossly excessive speed) is present, the negligence is always treated as gross.
Less serious negligence carries only a fine of three to eighteen months, with disqualification from driving of three to eighteen months added where a motor vehicle is involved. Where it is not classed as gross, negligence at the wheel in which the commission of a serious traffic infringement was decisive is always treated as less serious negligence, and the court must give reasons for that finding. Except where a motor vehicle or moped is involved, this second offence is prosecuted only on a report by the injured party or their legal representative.
The same gross/less-serious scheme applies to negligent injuries under Article 152, both provisions having gone through the same reforms (Organic Laws 1/2015, 2/2019 and 11/2022). Where the act is of notorious seriousness and causes the death of two or more people, or one death with injuries under Articles 149 or 150 to others, Article 142 bis allows the court, giving reasons, to impose the penalty one degree higher, and two degrees higher if the number of deaths is very high. Leaving the scene of the accident falls outside this article and is a separate offence under Article 382 bis.
Defending a negligent homicide charge centres above all on the intensity of the duty of care breached: telling gross negligence apart from less serious negligence, or from simple misfortune with no criminal relevance, requires rigorous analysis of causation and foreseeability. In traffic cases, expert reconstruction of the accident and evidence on speed or braking distance are decisive; it is also worth checking whether any Article 379 circumstance is present, and assessing what part the victim's own conduct played in the outcome.
Case law discussed
This analysis discusses a ruling of the Criminal Chamber of the Spanish Supreme Court. You can see its summary and full citation on our case-law page.
View the ruling· Appeal 6592/2023Legislative reform discussed
See the summary of this reform, the Criminal Code articles affected and the BOE link on our criminal-law reforms page.
View the reform· BOE-A-2019-2973Data by paragraph, checked against the text of this article: it combines paragraphs carrying imprisonment with paragraphs whose penalties start within the minor band (typically, a fine from three months) and which, under art. 13.4 CP, are minor offences. A connected, more serious offence and concurrence rules may alter the period in each specific case (art. 131.4 CP).
Highest prison term
4 years
Classification and limitation by paragraph (arts. 13, 33 & 131 CP)
Our team regularly defends those accused under homicide. Technical strategy aimed at dismissal or acquittal when legally viable.
This page is for information purposes only and does not constitute legal advice: every case requires individual assessment. How this content is produced and verified: editorial policy.