What is meant by ideal competition of crimes?

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An ideal combination of crimes occurs when the same action involves the commission of two or more crimes. In any case, the unity of action assumes that there is an ideal competition and not a real competition of crimes (where several actions connected to each other entail the commission of different crimes). Furthermore, the fact that there is only one action necessarily excludes the possibility of a medial competition . Therefore, two examples of ideal crime concurrence would be the following: Killing two people in a traffic accident for running a stop sign. In this case, there is an ideal competition between several crimes of reckless homicide . During a breathalyzer test, fleeing with the car, running over one of the police officers and thereby causing his death. This represents an ideal match between a crime of reckless homicide and a crime of disobedience to authority . The two cases presented have in common that it is the same action that causes several crimes, regardless of whether the criminal type is the same or whether they are different types.

We can help you At Dexia Abogados we are lawyers specializing in criminal law in Madrid . If you need a criminal law firm with extensive experience, contact us and find out without obligation . CONTACT US What is the consequence of the ideal combination of crimes? The fact that an action gives rise to an ideal combination of crimes has its consequence in the so-called aggravated absorption : the applicable penalty will be DM Databases the penalty provided for the most serious infraction in its upper half, without exceeding the penalty that would be the sum of the penalties corresponding to the separate violations. In the latter case, each infraction will be sanctioned separately. 1. The provisions of the two previous articles are not applicable in the event that a single act constitutes two or more crimes, or when one of them is a necessary means to commit the other. 2. In the first case, the penalty provided for the most serious infraction will be applied in its upper half, without exceeding what represents the sum of those that would apply if the infractions were punished separately.



When the penalty thus computed exceeds this limit, the infractions will be sanctioned separately.Article 77 of the Penal Code To see it more clearly, we are going to return to the example of the subject who kills a police officer while fleeing from a breathalyzer test. Here we have two crimes: A crime of reckless homicide under article 142.1 , the penalty for which is 1 to 4 years in prison. A crime of disobedience to the authority of article 556.1 , punishable by imprisonment of 3 months to 1 year or a fine of 6 to 18 months. It is clear that the penalty that should be used is that of the crime of reckless homicide. In its upper half, it would be a sentence of 2 and a half years plus one day to 4 years in prison. The problem of the ideal competition in explosive attacks Especially problematic is the case in which the death and/or injuries of several people occur with an explosive device such as a bomb, since, clearly, we would be facing an ideal competition (the same action causes several crimes of homicide and/or or injuries). However, doctrine and jurisprudence have understood that this is not necessarily the case.