Injury offenses

It is regulated in the third title of our penal code, in articles 147 and following. The basic modality of the crime is to harm the bodily integrity or the physical or mental health of another individual. If the injury produced, in addition to an initial medical assistance, requires medical or surgical treatment, the prison sentence may be from three months to three years. Otherwise, a fine of one to three months shall be imposed.

The penalty will be aggravated, and will therefore be higher, for cases in which any of the following assumptions concur:

  • The use of weapons, instruments or objects that are dangerous to the life or physical or mental health of the injured person.
  • The use of malice aforethought to produce the injury.
  • That the victim is a woman with whom the aggressor has had some kind of affective relationship, even without cohabitation.
  • That the victim is a particularly vulnerable person who lives with the perpetrator of the crime.

 

In these cases, the penalty will be from two to five years of prison.

The penalty will be even higher, from six to twelve years of imprisonment, when the injury results in the loss or disablement of a major organ or limb, among other more serious diseases.

The crime of injury can also be caused by recklessness, and the penalties imposed will vary according to the risk created and the result produced.

At Chabaneix Abogados we are experts in this type of crime, having acquired extensive experience in this area.