Everything you need to know about the crime of injuries against people
An injury crime occurs when your bodily integrity, physical health or mental health is undermined. In order for the crime of injury to occur, and the alleged offender to have prison sentences or a fine, it is necessary that optional -medical- assistance is required followed by medical or surgical treatment.
How are injuries against people classified?
The penal code establishes that injuries can be classified as malicious or reckless. However, minor reckless injuries and serious or less serious reckless injuries that do not require medical or surgical assistance for healing are not punishable; Therefore, it is not enough that only a first optional assistance is given to the injured person:
"Anyone who, by any means or procedure, causes another injury that undermines their bodily integrity or their physical or mental health, will be punished, as a criminal of the crime of injuries, with a prison sentence of three months to three years or a fine of six to twelve months, provided that the injury requires objectively for its healing, in addition to a first medical or surgical assistance. The simple surveillance or optional monitoring of the course of the injury will not be considered medical treatment "
As described by Forcam Abogados, it is necessary for the aggrieved person to report the crimes of injury, in order for the offenders to be charged:
- Anyone who, by any means or procedure, causes another an injury not included in the previous section, will be punished with a fine of one to three months.
- Anyone who hits or mistreats another without causing injury will be punished with a fine of one to two months.
- The crimes foreseen in the two previous sections will only be prosecuted by a complaint from the aggrieved person or his legal representative.
Likewise, the Criminal Code establishes the aggravating circumstances, which increase the penalty to the aggravated one:
"The injuries provided for in section 1 of the previous article may be punished with a prison sentence of two to five years, depending on the result caused or risk produced:
If weapons, instruments, objects, means, methods or forms that are specifically dangerous to the life or health, physical or mental, of the injured party have been used in the aggression.
- If there has been cruelty or treachery.
- If the victim is under the age of twelve or a person with a disability in need of special protection.
- If the victim is or has been a wife, or a woman who is or has been linked to the perpetrator by an analogous emotional relationship, even without cohabitation.
- If the victim were a particularly vulnerable person who lives with the perpetrator.
Regarding the crime of injury that causes loss of limbs against the person, the Penal Code establishes the prison sentence of six to twelve years:
"Whoever causes another, by any means or procedure, the loss or uselessness of an organ or main limb, or of a sense, impotence, sterility, a serious deformity, or a serious somatic or mental illness, will be punished with a prison sentence of six to 12 years."
Regarding the crime of mutilation, the Criminal Code establishes the deprivation of the exercise of parental authority when the Judge deems it convenient to preserve the integrity of the minor:
“Anyone who causes genital mutilation to another in any of its manifestations will be punished with a prison sentence of six to 12 years. If the victim is a minor or person with a disability in need of special protection, the penalty of special disqualification will be applicable for the exercise of parental authority, guardianship, conservatorship, custody or foster care for a period of four to 10 years, if the judge deems it appropriate. in the interest of the minor or person with a disability in need of special protection."
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At Forcam Abogados we have offices in Barcelona, Tarragona, Reus and Tarrega.