21 Feb
Incest, abuse within the coexistence unit
Incest, abuse within the coexistence unit

Concerning the crime of incest, Spanish law takes up the basic type in article 47 of the Civil Code where it specifies that cannot marry between them the « parents in direct line by consanguinity or adoption, nor collaterals by consanguinity up to the third grade ».

Penalty in the event of incest : article 182.2 of the Penal Code provides for the imposition of a prison sentence for the sexuals assaults in which the perpetrator prevails of a kinship of ascendant, descendant or if he is the victim's brother.

The legal asset protected in this case is public modesty.

  • Active subject : the ascendant who maintains relations with the passive subject.
  • Passive subject : the descendant with whom the active subject has sexual relations.


Action : practice of carnal relations between parents in cases where marriage is prohibited.
➡ In the Spanish Penal Code, incest is not considered as a crime but as an aggravating fact of the kinship.

Fuente de la imagen: www.pixabay.com Ulrike Mai bajo la licencia Pixabay, imagen editada parcialmente, ver imagen original.