crime of injury

  crimes, Criminal law

In this article we will leave you all the important information about the crime for injuries, read everything to the end. 

Since the amendment to Penal Code of 2015, the offenses have been eliminated. Therefore, the injuries have been considered crimes, whether or not they require medical or surgical care.

The crime of causing harm is defined in the article 3 of the Penal Code (in the wound), articles 147 to 156 articles. 

The following heading identifies the injuries embryonic. 

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What does the Penal Code mean with respect to "injury"? 

A injury It is a negative state of health and physical integrity of a person that results from the actions or omissions of a third party. The concept of legal and property damage is protected.

This legal right to be affected by the crime derives from the very concept of harm.

Thus, it is highlighted that health and physical and mental integrity are assets protected by the penalty provided for in the Penal Code in case of injury unlawful

In general, the right to health is the right of every person to a healthy development without external interference. 

The World Health Organization (WHO) provides a very broad definition that goes beyond the physical and mental, including the social environment. Thus, he calls health as a state where we have complete physical, mental and social well-being.

 In other words, health is not just the absence of disease.

For both legal and criminal purposes, the concept of medical engineering should be healthily restricted and limited so that there is no disease or negative sentiment about the integrity of the body.

In no case should legal rights be determined by bodily integrity, since any change does not constitute damage. 

On the contrary, the injury is a total damage of physical integrity, which allows leaving out those medical and surgical intentions that generate an alteration in bodily and physical integrity.

Therefore, such interventions are not typical of the individual.

Elements of injuries 

Active person 

It is all of society, because anyone can commit the crime of causing harm. 

taxpaying person

It must be someone other than the doer, because the "selfinjuries» go unpunished. 

the physical object

Affected is the human body and its normal functioning. 

standard action 

It refers to any damage caused by any means or process that threatens the health, physical or moral integrity of the taxpayer.

types of injuries

1) intentional injury

In article 147-1 of the Penal Code, bias is found in its most basic form.

 Defines physical damage or negative damage to the physical safety or well-being of the victim, provided that said damage objectively requires his health after the first medical or surgical treatment.

It will be punished as a crime that causes, by any means or process, another aggression that affects the integrity of his body, or his physical or mental health. guilty of causing bodily harm.

 With a custodial sentence of three months to three years or a fine of six to twelve months, provided that the wound requires objective healing, in addition to initial medical or surgical assistance.

Monitoring alone or optional monitoring of infection progression is not will consider medical treatment.

2) negligent injury

And they are sanctioned in the first paragraph of the Article 152 of the Penal Code, which penalizes any reckless act that causes serious damage.

Gross negligence is punishable by gross and gross violations of the duty of care rules. The crime consists of breaching the duty of due diligence, creating risk and the idea that a result will be produced.

The most serious types occur when:

A car or motorcycle is used, remove the deprivation of the right to drive in addition to the corresponding prison sentence.

used weapons, when there is a ban on the right to bear arms. 

act recklessly in the profession, additional fines and denial of publication.

Can injuries be forgiven? 

Articles 155 and 156 of the Penal Code try to address the question that has been discussed for a long time, whether or not there is a legal right to physical and mental integrity.

Legal Penal Solution establishes that to be approved, it must respect the following characteristics:

Valid (minor consent will not be required). 

Freedom and spontaneity: without external conditions. 

Express: Explicitly extended when there is no implied or implied consent.

References