Crimes of injury: what you need to know about this scourge
In order to be able to give a name to an adverse circumstance that we or someone close to us may be facing, we must have the tools to identify the situation, so we know what measures are advisable to take.
If another person, or group of individuals, is harming your bodily integrity or your physical or mental health, or that of someone close to you, then you are being the victim of a crimes of injury.
What is a crimes of injury?
Perhaps the term is something new to you, but if you pay attention you may be able to identify the scourge, either through some uncomfortable personal experience or through the eyes of someone else.
The crime of battery, of which we speak, is a serious kind of crime in which the physical integrity of persons and the individual health of one of the entities involved is violated. The penalty for this crime is directly related to the seriousness of the damage caused to the victim, that is to say, the greater the damage, the greater the penalty for the aggressor; in the event that such injury is the occasion of the death of the affected person, then such crime will automatically become homicide and will proceed in the competent manner with this kind of offense.
In this article we will explain the classification of such injuries, their special circumstances, their regulation in the Penal Code, among others.
Crimes of injury: How are they classified?
The types of injuries are classified in different ways, however, here we will divide them into four classes, which are: slight injuries, moderate or intermediate injuries, serious injuries and very serious or extreme injuries.
These are the most superficial type of injury, so to speak. In the case of an injury that does not require the use of medical or surgical treatment then a crime of slight injury has been committed. The term is also applicable when the aggressor strikes or mistreats another without causing injury. This type of injury could range from neighborhood fights, family fights, labor disputes, quarrels, to arguments in the context of traffic accidents, among others.
Moderate or intermediate injuries
This particular type of injury represents a middle ground between minor and serious injuries; in this case, intermediate injuries can be considered to be those that cause an illness or disability, lasting less than 10 days.
Very serious or extreme injuries
Injuries are going to be considered as very serious when they result in bodily mutilations or disablement. In this way, we can distinguish the following injuries that are considered as extreme:
- Loss or disablement of an organ, major limb or a sense, whether it is cutting, amputation or disablement in any other way.
- The causing of impotence or sterility.
- The causing of a serious deformity, understood as a permanent aesthetic disfigurement or alteration of the normally visible parts of the body, such as the face.
- Serious somatic or psychic illness.
- Genital mutilation.
We speak of this type of injury when there is a permanent and functional weakening of the affected individual’s health. We can define this permanent debilitation as an injury that has a considerable duration, without the affection being precisely for the rest of his life. This type of injury cannot be committed by omission since it requires that the victim be injured, beaten or mistreated.
Other important types of injuries to consider
In addition to the aforementioned injuries, there are many others that are relevant and must be considered in order to correctly identify the scourge that could be causing us.
Such is the case of consensual injuries, which occur when the injured party has expressly given his or her consent. Considering that this fact is with total freedom, that is to say, under no type of threats. For example, if I meet a friend of mine to fight each other and, as a result of such fight, we suffer injuries, these can be prosecuted by the courts, however the penalty to be imposed will not be as severe as when there is no consent.
This express consent also exempts from criminal liability in cases of organ transplants perpetrated in accordance with the provisions of the Law, sterilizations and gender reassignment surgery performed by a physician, unless the consent has been obtained viciously, or through price or reward, or the grantor is a minor or incapable; in which case the consent provided by them or their legal representatives will not be lawful.
Injuries due to recklessness
On the other hand, we can also mention injury by recklessness, which is a crime of result, which is produced by the performance of another activity, and not by a direct aggression. In fact, it is possible to commit it by omission. It is important to point out from the beginning that slight imprudent injuries are not punishable, so that only serious imprudence (those that affect the physical or mental health that require a first medical assistance and medical or surgical treatment; that cause the loss or uselessness of a main organ or a sense, sterility, impotence, genital mutilation, serious deformity or serious somatic or psychic disease); and less serious (occur when the injuries are less relevant and, therefore, are punished with a less severe criminal punishment. It will be the judge or court that will have to determine the serious or less serious imprudence.
According to the penal code of each country, the different types of injury offenses will be punished by law in a specific manner. If you are going through a circumstance that you consider to be within the crimes of injury mentioned throughout the article, we suggest you contact the competent authority.