The crime of injury is one of the most common in the criminal field and protects a fundamental good: physical integrity and health. We explain what is considered criminal injury, what types exist and how they are punished.
What is a crime of injury?
It is regulated in articles 147 to 156 ter of the Penal Code. It occurs when a person causes harm to another person that requires medical or surgical treatment, beyond a simple cure.
Requirements for it to be a crime
- Bodily, physical or mental harm.
- Need for medical treatment (a cure is not enough).
- Clear causal link between the action and the damage.
- Existence of malice or recklessness.
Types of injuries according to the Penal Code
1. Basic injuries (art. 147.1):
- They require medical treatment.
- Penalty: 3 months to 3 years imprisonment or a fine of 6 to 12 months.
2. Minor injuries and mistreatment of work:
- They do not require medical treatment.
- Penalty: fine of 1 to 3 months.
3. Aggravated injuries (art. 148)
- Use of weapons, dangerous instrument, malice aforethought, overkill, vulnerable victim.
- Penalty: 2 to 5 years imprisonment.
4. Injuries due to recklessness (art. 152)
- E.g.: occupational, traffic or medical accidents.
- The penalty varies according to the damage caused.
5. Mutilations or disabling (art. 149-150)
- Loss of major organs (eyes, hands, etc.).
- Penalty: 6 to 12 years (principal organs) or 3 to 6 years (non-principal organs).
6. Gender or domestic violence
- Penalties are aggravated.
- The process can be initiated without a complaint.
Necessary tests
- Emergency medical report.
- Coroner’s report.
- Witnesses or recordings, if available.
Additional consequences
- Compensation to the victim.
- Restraining orders or removal of weapons.
- Criminal record even with agreement of conformity.
Have you been denounced for injuries or have you been a victim? At Martínez & Caballero Abogados we offer specialized defense in criminal proceedings.
Sara Gabernet Roca
Lawyer Expert in Criminal Law
M&CAbogados
