Before him crime injuries seeks to protect the integrity physical and mental of any person in Spanish territory. The integrity Physical activity is considered a fundamental right that is enshrined in the Constitution Spanish.
He crime injuries It consists of the impairment of the integrity that makes up the body's Constitution or physical and mental health. The ability to inflict injuries plus the consequences that fall on the victim will impose a penalty.
The lesions psychological They are also considered within article 15 of the Constitution Spanish. Since 2015, injuries are considered criminal acts with implications.
Conceptions of the crime of injuries in the penal code
For the penal code of crime injuries It is a negative condition that directly affects the state of health and bodily integrity. The conception In the penal code it will be found in title 3, specifically in articles 147-156.
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The integrity Physical and mental are considered a legal asset that, when affected, is considered a crime. These estate They are those who are protected through criminal legislation for an unlawful act of injury.
Worldwide the right Health is considered an implication that allows healthy development without interference. The WHO He expanded the definition by integrating the physical, mental and social aspects.
The health It is understood as a complete state that seeks physical, mental and social balance. The complement of health is the absence of illnesses or diseases and even between external influences.
There are criminal effects that will be delimited by the technical concepts that circumscribe the aspects of the integrity physical.
Elements and classes that determine injuries
Between the items that determine the considerations in the field of sessions several aspects can be counted.
The entirety of the society who is capable of committing a crime of injury is considered an active subject. When a person other than the subject active, is specifically framed in the passive subject.
In this circumstance, what is determined as self-harm is not punishable before the code penal Spanish.
The penal code establishes that the material object is the human body and the good functioning of the same. The action typical It addresses directly the aspect of the injury that it is capable of producing.
It does not matter the means that is used or the procedure if it carries out the impairment of the health. It mainly stipulates the rape to the physical and moral integrity of the subject.
Intentional injuries in the Spanish penal code
The development of crime injuries will be found in article 147.1 of the Code Penal Spanish. It is the injury in its most basic form where at least physical integrity is alluded to.
It should be considered that the injury must always require ability to heal with the assistance of medical treatment. This sorrow for him crime injury She will be punished between 3 months to three years in prison.
The penalty fee It will be 6 to 12 months depending on what the lesson objectively requires to be healed. Injury follow-up is not considered treatment doctor.
Before the absence of medical treatment due to the injury the penalty will be reduced. These are considered as injuries minor offenses that determine certain regulatory aspects in the criminal code.
It seeks to limit the concept of treatment doctor as in the case of the section of article 147. The case is taken into consideration that the injury aggravated by a means or procedure.
In the section of article 147.1 that stipulates other assumptions that should be considered. Being an action that concludes in elderly disvalue, with a prison sentence of two to five years.
If during the assault weapons or instruments were used that are dangerous to the life or health of the injured person. This will increase if you check cruelty or treachery in the attack.
When the victim is under 12 years of age, as for a person with a disability the penalty will increase. It must be considered when the victim is a person vulnerable who lives with the perpetrator of the act.
Article 149 and 150 in the penal code regarding intentional injuries
Article 149 deals with the cause of a procedure that has led to the loss or uselessness of an organ. In this same sense, impotence, sterility or some disease somatic.
In this situation, the punishment with a prison sentence of 6 to 12 years. Same time as is considered in the case of mutilation genital.
If the victim is a minor or a person with disability applies the disqualification of parental authority. This will depend on the time that the judge stipulates appropriate to protect this person.
Article 150 is linked regarding the exposure of the loss of a organ that is not main. The cause of this deformity will be punished with a sentence of 3 to 6 years in prison.
Reckless injuries in the Spanish penal code
Article 152 punishes any imprudence that is capable of causing a injury serious in a person. This is determined by gross non-compliance with the rules of the duty that are established for care.
He crime injuries serious is mainly configured in the violation of care of the possibility of creating risks.
The type aggravated It will depend on the means used for the crime of injury.
In these cases the use of the vehicles which can lead to the deprivation of this right. The penalty also involves the possibility of going to prison. prison.
If they are used weapons of fire is condemned with the deprivation of the right to carry a weapon. It also involves imprudence professional which leads to disqualification from the position.
In case of committing imprudence or less serious acts in the crime injuries The section of article 152 must be verified.
This refers to a recklessness that is less serious than the injuries that belong to the article 147.1, 149, 150. If the crime is committed with a vehicle, the penalty will be from 3 months to one year.
In the case of using firearms with a imprudence Less serious, the right to carry will be deprived. The prison sentence will be