Forms of the crime of injuries in Spain
The crime of injury can be committed in various ways. Each of them implies a different criminal effort and a greater or lesser danger or harmfulness. And, precisely for this reason, each of the forms of the crime of injury carries a different penalty.
In this article we want to address the different ways of committing a crime of injury in Spain. We will briefly talk about their criminal modalities and the sentences that are associated with them.
Our intention is to make known the variety and seriousness of these behaviors, in order to make the reader aware of the importance of having the legal advice of criminal lawyers specialized in the crime of injuries.
The crimes of injuries in the Penal Code
Our Penal Code dedicates its articles 147 and following to the typification of the crimes of injuries. In its basic type, this crime is defined as:
“Whoever, by any means or procedure, causes an injury to another that impairs their bodily integrity or physical health [...] provided that the injury objectively requires, in addition to first medical assistance, medical or surgical treatment for their health. ”.
This basic type is punishable by a prison sentence of three months to three years or a fine of six to twelve months. In the event that medical or surgical treatment is not necessary, the penalty will be a fine of one to three months.
In addition, when an aggression (blows or mistreatment) occurs without causing injury, the Penal Code will still reserve a fine of one to two months.
The peculiarity of this basic form of the crime of injury lies in the fact that it can only be prosecuted through a complaint by the aggrieved party or his legal representative. This denotes the importance of denouncing these behaviors if the aim is to avoid impunity for the aggressor.
Is the assistance of a criminal lawyer necessary in crimes of injury?
The most advisable thing is to leave the matter in the hands of a criminal lawyer specialized in injury crimes, who will help you throughout the criminal procedure, and will be assisted by a professional specialized in criminal law.
At Forcam Abogados we recommend that representation in this type of crime be left only in the hands of criminal lawyers specialized in injury crimes. Contact us, and you will have the legal advice of an expert criminal lawyer in all kinds of injury crimes.
The crime of mutilation
Another form of the crime of injuries is that which causes the loss or uselessness of an organ or member, of a sense, or impotence, sterility, serious deformity or serious somatic or mental illness.
These crimes are punishable by imprisonment from six to twelve years. Also genital mutilation, in any of its manifestations.
The penalty in these cases will be imprisonment from three to six years if the organ or limb lost or disabled is not considered the main one.
The crime of injury can also be committed by recklessness. That is, it is not necessary that intent or intent to harm be present. It is enough that, whoever had the duty and the ability to avoid the injury, did not do so.
Frequent cases of this form of injury are traffic accidents or medical negligence.
Reckless injuries are punished with prison terms or fines, the extent of the scope of the damage. In addition, they can carry the prohibition to drive motor vehicles and mopeds, to have and carry weapons and even special disqualification for office, profession or trade.
Crimes of domestic and gender violence
Those who cause a mental impairment or a less serious injury, or those who hit or mistreat work without causing injuries, spouses and similar or vulnerable people who live with the author are also punished. In this case, the sentence will be imprisonment from six months to one year or community service work from thirty-one to eighty days. In addition, when the aggravating circumstance of gender violence concurs, a higher penalty will be imposed.
The crime of riotous brawl
The last noteworthy way of committing a crime of injuries in Spain is the so-called riotous brawl. It implies chaotic and massive aggression using means or instruments that endanger the life or integrity of people. In this case, prison sentences of three months to one year or fines of six to twenty-four months are applied.
Participation in this class of crimes
Lastly, it should be remembered that the Criminal Code punishes provocation, conspiracy and the proposition to commit any of these crimes with the penalty one or two degrees lower.
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