The crime of bodily injury is one of the most common in criminal law and protects a fundamental right: physical integrity and health. We explain what constitutes a criminal injury, the different types of injuries, and how they are punished.
What is a crime of bodily injury?
It is governed by Articles 147 through 156-ter of the Penal Code. It occurs when one person causes another person harm that requires medical or surgical treatment beyond simple care.
Requirements for an Act to Constitute a Crime
- Bodily injury, whether physical or mental.
- The need for medical treatment (a cure alone is not enough).
- A clear causal link between the action and the harm.
- Existence of willful misconduct or negligence.
Types of Offenses Under the Penal Code
1. Basic injuries (Art. 147.1):
- They require medical treatment.
- Penalty: 3 months to 3 years in prison or a fine equivalent to 6 to 12 months’ wages.
2. Minor injuries and workplace abuse:
- They do not require medical treatment.
- Penalty: a fine of 1 to 3 months.
3. Aggravated injuries (Art. 148)
- Use of a weapon, dangerous instrument, premeditation, cruelty, vulnerable victim.
- Penalty: 2 to 5 years in prison.
4. Injuries Caused by Negligence (Art. 152)
- E.g., workplace accidents, traffic accidents, or medical accidents.
- The penalty varies depending on the damage caused.
5. Mutilation or maiming (Articles 149–150)
- Loss of major organs (eyes, hands, etc.).
- Penalty: 6 to 12 years (principal offenses) or 3 to 6 years (non-principal offenses).
6. Gender-Based or Domestic Violence
- Penalties are being increased.
- The process can be initiated without a complaint.
Required Tests
- Emergency Room Medical Report.
- Coroner’s Report.
- Witnesses or recordings, if any.
Additional Consequences
- Compensation for the victim.
- Restraining orders or orders to surrender weapons.
- Criminal record, even with a plea agreement.
Have you been accused of causing injuries, or have you been a victim? At Martínez Caballero Abogados, we offer specialized defense in criminal proceedings.
Sara Gabernet Roca
Attorney Specializing in Criminal Law
MC Abogados
