Legal Definitions - alevosia

In legal systems influenced by Spanish law, alevosia refers to a specific aggravating circumstance in the commission of a crime, most commonly homicide. It signifies that the perpetrator acted with treachery, deliberate surprise, or employed means to ensure the victim could not defend themselves, thereby guaranteeing the execution of the crime without risk to the perpetrator. It's not merely general malice or intent to harm, but a calculated and insidious method of attack that exploits the victim's vulnerability or lack of awareness.

Here are some examples to illustrate the concept of alevosia:

• Example 1: The Ambush

  A person, knowing their rival's daily routine, hides in a secluded alleyway along the rival's path home. As the rival walks by, unaware of any danger, the hidden individual springs out and attacks them from behind, preventing any chance of self-defense. This scenario demonstrates alevosia because the attack was premeditated, sudden, and executed in a manner that deliberately exploited the victim's unsuspecting state and inability to prepare a defense.

• Example 2: The Poisoned Drink

  During a social gathering, an individual secretly slips a potent, fast-acting poison into another guest's drink. The victim consumes the drink without suspicion, becomes incapacitated, and subsequently dies. This act would be considered alevosia because the perpetrator used a deceptive and surreptitious method (poisoning) that completely disarmed the victim, making them utterly defenseless against the fatal act.

• Example 3: Attack on a Sleeping Person

  A person enters a home late at night and attacks an occupant who is sound asleep in their bed. The sleeping victim is completely unaware of the impending danger and is therefore unable to resist or defend themselves against the assault. This situation exemplifies alevosia because the attack was carried out against someone in a state of extreme vulnerability, deliberately chosen to ensure the perpetrator faced no resistance and could achieve their criminal objective without risk.