Article 62 Spanish Criminal Code: sentencing for attempts

Frequently asked questions

What effect does the application of Article 62 of the Spanish Criminal Code produce?

A penalty one or two degrees below that of the completed offence, in the extent deemed appropriate to the danger of the attempt and the stage of execution.

What does Article 62 of the Spanish Criminal Code provide on the criteria for determination?

An attempt under Article 16: outward acts commencing execution without the result occurring for reasons independent of the perpetrator’s will. The danger inherent in the attempt as the first sentencing criterion. The degree of execution reached, distinguishing complete from incomplete attempts. A reasoned choice of the reduction, required in the judgment.

What defence strategy applies to a charge under Article 62 of the Spanish Criminal Code?

Arguing for the two-degree reduction. Incomplete attempts and objectively low-danger conduct justify the double reduction. The distance between one and two degrees can amount to years of prison, so this plea deserves its own evidential effort. Raising voluntary withdrawal. Voluntary desistance under Article 16.2 exempts from punishment for the attempted offence. Drawing the line between withdrawal and a failed attempt is often the line between conviction and acquittal. Contesting the start of execution. Preparatory acts are unpunished save express provision. Placing the conduct before execution began excludes the attempt itself. Demanding reasons. Choosing the single-degree reduction without reasoning on danger and stage of execution is reviewable on appeal and cassation.

Is the English text of Article 62 of the Spanish Criminal Code official?

Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Organic Law 10/1995 of 23 November, the Spanish Criminal Code.