What is meant by medial competition of crimes?

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The medial combination of crimes is one in which a crime becomes a necessary means for the commission of another crime, so an instrumental relationship can be established between them. The doctrine has come to consider it a type of real competition , to the extent that there is diversity in both the acts carried out and the crimes committed, with the difference of the need to commit one crime to carry out the other. 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 When is there medial competition of crimes? It has been debated whether there must be a relationship of necessity or opportunity between both crimes , that is to say: whether the two crimes have to be objectively connected or is it enough that the subject has planned the events in such a way that to achieve their ultimate purpose He has to commit another crime first.

Well, jurisprudence has tended to understand that the relationship in medial competition has to be one of necessity , although sometimes cases in which there was no real need to commit a crime to carry out another have been classified as medial competition .However, as we say, the general criterion is that there must be a relationship of necessity. Therefore, it is not enough that the commission of a crime facilitates the commission of another crime, for example, or that it is more convenient to carry out another criminal act first; It is required that it really be a necessary act, taking into account DM Databases the specific circumstances of each case. Thus , for example , a medial combination of crimes would be committing a home invasion to kill a person, because if the victim is in that place, one must necessarily enter it to achieve the desired goal. But, if the perpetrator committed theft by using vehicles to reach the scene of the crime, this other crime would not enter into the medial competition, as it is not an act strictly necessary to achieve the criminal result (since it could have occurred to the site by other means.



What is the consequence of the medial competition of crimes? According to sections 1 and 3 of article 77 of the Penal Code, when several crimes are committed that constitute a medial competition, the consequence is that a penalty greater than that corresponding to the most serious infraction will be imposed, which may not exceed the sum of the penalties that would have corresponded separately for each crime. Besides: The judge will follow the rules of article 66 to individualize the sentence. The penalty imposed may not exceed the limits provided for the duration of sentences in article 76 . 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 In the second, a penalty greater than that which would have been imposed, in the specific case, for the most serious infraction will be imposed, and which may not exceed the sum of the specific penalties that would have been imposed separately by each of the offenders.