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.