What is the crime of injuries ?

Is the crime of injuries serious or minor? If you have this doubt, let me tell you that

It can be both. Because the typical behavior that consists of causing harm

physical to another person, can have more or less serious consequences. Therefore, this

crime is considered minor in some cases and serious in others.

Let's see what the basic type is and the aggravated and attenuated modalities that it regulates.

our Penal Code (CP), as well as the punishments set for each of them.

What does the crime of injuries consist of?

The crime of injuries and its punishments are found in articles ranging from 147 to

156 of the Penal Code. As you can see, it is a fairly broad regulation, which

that allows you to get an idea that here you are going to encounter very different.

The basic habitual conduct is defined in article 147, which determines that it is committed

that crime when:

-An injury is caused to another person that affects his or her bodily integrity,

his physical or mental health.

- This injury requires medical treatment or treatment to heal.

surgery after the first medical attention.

This same article regulates the minor crime of injuries, which until the reform of the

Penal Code of 2015 was specified as a misdemeanor. Now, commit this minor crime:

- The one that causes an injury not included in the basic type assumptions.

- Someone who physically attacks another person without causing an injury.

Aggravated types of the crime of injuries

Articles 148 to 150 of the CP detail a series of actions that cause a especially serious damage to the physical integrity of people. The social reproach towards these behaviors is much greater and, therefore, they are aggravated types that are imposes a higher punishment than that provided for the basic rate.

Next, we show you which aggravated behaviors are considered a crime of injuries:

Causing harm with potentially dangerous objects or methods

When damage is caused through weapons, methods or instruments that can be dangerous to the life or health of people.

For example, if the aggressor uses a baseball bat to hit his victim. To these effects, it does not matter if he had that object with him, or if he found it in the place where

the one where the criminal act occurs.

Being cruel to the victim and acting treacherously

Harassment involves unnecessarily and deliberately increasing the harm that is caused causes to the victim.

In these cases, when the aggression is exaggerated and disproportionate. For example, yes several people beat up an individual.

Take advantage of the victim's special vulnerability

It is when the victim is under 14 years old or a person with a disability who requires special protection.

The reason for this aggravated type is very clear, and that is that the crime takes place taking advantage of a situation of special vulnerability of the victim due to circumstances such as his age or his disability.

Attacks that cause significant consequences that continue with the

pass of the time

Eе a serious crime of injuries, if it causes:

- Loss or uselessness of a member or organ of the body, such as a

hand.

- Total or partial loss of a sense. For example, if as a result of a blow the victim loses his hearing.

- Impotence and sterility.

- A serious deformity.

- A serious illness of a psychological or somatic nature.

- Female genital mutilation.

The reckless crime of injuries

In all these cases that we have seen so far, they have in common that the

The aggressor acts with intention, therefore, he is aware that his actions can

cause harm and yet it does not interrupt them.

The Penal Code also establishes a reckless type of the crime of injury. What is given

in those cases when the author of the damage had no intention of causing it.

For there to be a conviction, there must be serious or less serious recklessness, in which

elementary standards of care are omitted to a greater or lesser extent.

Imagine that you are entering the office and you close the door behind you. you have not given

account, and right behind her came a classmate who put her hand in the frame of the

door and she has suffered damage to her fingers because you have caught her hand. Here there is only one

slight recklessness, so there is no crime, this behavior is not punishable.

What is the punishment for the crime of injuries?

For the basic type, a prison sentence of three months to three years, or a fine, is set 6 to 12 months. One or the other is imposed taking into account the caliber of the damage caused to the victim.

In cases of minor crime of injuries, the penalty is a fine of one to three months if there is physical damage, and one to two months if there is no damage.

For types aggravated by the use of weapons or dangerous elements, if there is cruelty or when the victim is in a vulnerable situation, the reward

It is a prison sentence of two to five years.

For situations where serious and permanent damage is caused, the crime of injuries is punishable by a prison sentence of six to 12 years. From three to six years yes the loss or uselessness of an organ or member that is not primary occurs.

For the specific case of excision, a prison sentence of six to 12 is foreseen.

years, and custody, parental authority or guardianship can be withdrawn for a period of time from four to 10 years, if the victim is a minor or a person with a disability who need special protection.

In cases of recklessness, the penalty depends on the seriousness of the recklessness, but the prison time does not exceed four years in any case. For damages less serious, a fine is imposed.

If you have been harmed in an injury crime and do not know how to proceed, ask for a consultation with a lawyer.