Delitos de lesiones: Artículos 147-156 CP

Topic 3: Lesions

• This section covers the basics of lesions, aggravated types, negligent lesions, participation in tumultuous fights, gender or domestic violence, consent of the injured party, and illegal trafficking and transplantation of human organs
• The legal basis for crimes of lesion is Title III of Book II of the Penal Code (articles 147-156 ter), which covers "Lesions" is designed to protect people's health
• The basic type of crime is regulated in article 147.1 CP, the penalty may be altered based on the seriousness of the outcome (articles 147.2, 149 and 150 CP) or dangerousness of the conduct

Basic Type (Art. 147.1 CP)

• The crime will be punished by 3 months to 3 years of prison time or a fine of 6-12 months
• The lesion will need further medical or surgical treatment

Typical Conduct and Concept of Lesion

• The objective type of lesions of art. 147 CP is configured as a crime of result by undetermined means
• There are no problems to accommodate any omission
• Lesions can happen through physical aggression, administering drugs, or toxic disturbances
• Lesions consist of any impairment of bodily integrity or physical/mental health

Distinguishing Basic and Minor Lesions

• The general concept must encompass all modalities to differentiate basic lesion and mild lesions from art. 147.2 CP
• Art. 147.1 CP defines bodily harm as any harm to bodily integrity, physical or mental health
• Physical aggressions without any resulting harm to integral body is not considered a lesion

Minor and More Substantial Lesions Compared

• Minor offenses will involve pushing, hitting, shoving
• Small bruising, cuts, scrapes can be considered mild lesion
• The legal concept of lesion allows to encompass all kinds of disease, disturbance of mental health
• Lesions can occur through violence or through behaviors without direct physical interactions

Example Lesions from the Courts

• Two girls experienced traumatic shock upon witnessing their mother's murder
• The aggressor was convicted of mental injury with malicious intent
• The trauma derived from lockup and near exposure to extreme cold was considered a negligent lesion

Factors Regarding the Law

• Psychic lesions are often the result of sexual crimes or violent acts
• If psychic damage is inherent with violent crimes, it presents a conflict of laws where it's not lawful to impose additional punishments for lesions

Delimiting Boundaries

• Lesions from 147.CP require medical treatment for recuperation
• Curative complexity reveals the severity of effects of the integrity of health
• Lesions that need intervention for a plan to accelerate recuperation are grievous and bound by art. 141.1 cp
• The actions of surveillance are excluded from medical treatment

Jurisprudence

• Lesion intervention is needed due to medical support and auxiliary
• Actions like ingesting drug, diets and exercises are included
• Immobilization due to trauma are also considered medical action

Subjective Type and Imperfect Execution

• The different modalities can be fulfilled by eventual intent
• Generic intent to attack is insufficient

Examples

• A punch can be classified as a light intentional injury if the ultimate impact was more severe
• The applicable types are not determined exclusively by the result, but attempted lesions can occur

Aggravated Subtypes (Arts. 148-150 CP)

• Art. 148 increases sentence if behaviors contain supplemental disparagement

Methods of Harm

• Art 148.1.1 CP describes methods for causing injuries and endangering life or health
• It applies when the behavior was fit to inflict serious damage
• General examples are arms, iron bars, automotive accident and martial arts
• Subtype does not require that the means of attack be dangerous, but specific dangerous expressions in execution
• Specific characteristics will need to be considered in court

Crime Elements

• Lesions produced must be medically or surgically treated in agreement with art. 147 CP
• Action can be a lesion by means of a dangerous degree, or a reckless infliction as a result of pure chance
• Examples: stabbing without intent to kill and unintentionally firing a shotgun

Elements of Assault

• The intentional striking brutal force is the border between attempted murder and accidental injury
• The relation can elevate to 148.2 CP if the resulting wounds constitute a more severe crime

Aggravating Modalities

• This is a result of injuries produced that aren't a constitute for a more serious crime
• Torture is done with slow deliberate cuts with razors
• Treachery is a surreptitious introduction of toxic drugs

Vulnerable Victims

• Art 148.3 CP is found code after promulgation and exists because of defenseless victims
• An example is an additional condemnation to someone who suffocated an injured two-year-old
• There must be a consistency in attention to age of the victim

Domestic Violence

• Art 153.1 and 173.2 CP increases penalty if victim has been a spouse or cohabitant
• The increased penalty is determined with art. 148.4 CP

Injuries Aggravated by Outcome

• A production of an outcome of results that are objectively imputable with intent increase punitive factors
• Example: Contagion of HIV may be considered illness of art 149 CP if there are sexual relations without protection
• Aggravated wounding constitutes the primary injury because the victim had only a few teeth
• Throwing a glass from 5-6mm constitutes a crime using art 147.1 because of a lack of intent

Deformities

• It is not excusable if a person is partially or fully blind
• Other examples of disfigurement can be from burning the hands, or producing deafness
• Example: scarring due to bruising
• Example: causing epilepsy as severe somatic disease
• Physical permanent irregularity relevant must derive from negative social connotations
• To avoid excessing, harm to a person that is reparable shouldn't considered

Negligent Lesions (Art. 152 CP)

• Art 152 CP describes crimes for injuries by reckless or serious negligence.
• Automotive accidents, labor incidents, or medical malpractice fall under this article

Elements of the Crime

• The penalty depends on magnitude of diminishment that's produced
• Lesions that will need medical work will constitute the act
• Mild injuries of art 147 CP aren't punishable through reckless behavior

Tumultuous Participation (Art 154 CP)

• Those that fight among one another and use means that endanger the life and integrity of persons will be punished with prison for 3 months to a year or fine
• A multitude of people in conflict can be a dangerous act
• The authors of aggression can't be determined because of the actions of the fights

Crime Delineation

• The crime is not considered for any resulting injury
• Actions with completely distinct conduct in context with agreement will be executed in confusion
• Is the crime applicable to all those wielding objects, or to those that use it?
• Jurisprudence indicates those who use will bear the results and sentencing

Gender of Domestic Violence (Art. 153 CP)

• Art CP regulates domestic violence through a light-handed violent act
• This art is meant to heavily charge crimes that would be considered light

Scope Considerations

• In extreme, an extremely broad approach may be taken by court
• A violent relation created in art 153.1 may be linked to a partner
• A series of sentimental circumstances create a basis related to the nature of the individual nature
• There should be no domestic violence due to gender or parental obligations

Medical Contexts

• Gender norms create a disparity between men and women in the context of assault
• It's not a basis for discussion on gender equality
• Injury from a marital standpoint is not cultural but discriminatory

Consent of Lesioned (art. 155 CP)

• If consent is given it will not be included in sentencing
• The validity will not be given to under age people or those with special needs
• Personal injury requires generic prohibition of intervention
• There should be no domestic violence due to gender or parental obligations

Legal Standing

• There are several judicial standing relating to art. 156 CP where the consent to sterility is given through legal means.
• Art ter CP permits free monitoring of violence victims

Organ Trafficking (Art 156 bis CP)

• This article deals with organ harvesting harvesting that's promoted with commercial interests
• Those that take organ from livings will serve 6-12y, from the death will have 3-6y

Illegal Trafficking and Transplantation

• Article protects the health but also transplants that take from others through exploitation
• The actions include travel agencies, payments to donnors, tampering and conservation
• Those that obtain organs will be considered for the act
• Those that receive organs and have actions will be considered punitable

Análisis de los delitos de lesiones según el Código Penal español (Título III, Libro II). Se examinan los tipos básicos, agravados y culposos, así como la participación en riñas tumultuarias, violencia de género y el consentimiento del lesionado.