Lesiones: Código Penal, Artículos 147-156

General Overview of Lesions

• Title III of Book II of the Penal Code (articles 147-156 ter), titled "On Lesions," focuses on protecting individuals' health.
• The basic type of this crime is regulated in article 147.1 of the Penal Code.
• The penalty can vary based on the severity of the outcome or the danger of the conduct.
• Several negligent acts can be punished.

Protected Legal Right

• The legally protected right is human health, encompassing a person's physical and mental wellbeing.
• Lesions include both abnormal bodily functions (illness) and alterations to the human body's configuration that diminish function.
• Alterations to bodily integrity that do not affect health, like a haircut, are excluded, though they might constitute a crime against moral integrity.

Basic Type of Injury (Art. 147.1 CP)

• Article 147.1 of the Penal Code establishes the basic elements on which the crime is constructed.
• Causing someone an injury that impairs their physical integrity or health and requires medical or surgical treatment will qualify as a crime.
• The objective criteria for injury under Art. 147 CP is defined as an offense of outcome by unspecified means.
• There are no restrictions to include any method of committing the crime.

Typical Conduct and Concept of Injury

• Injuries can be inflicted in any way, including physical violence, administering toxic substances, creating psychological distress through noise exposure, spreading diseases, neglecting the elderly.
• The infliction of any impairment to physical integrity or mental health through physical aggression that does not produce any bodily impact does not constitute injury, but rather a minor offense of mistreatment.
• The legal concept of injury encompasses illness and any disturbance to mental health, which may result from physical violence or behaviors without direct physical contact.

Difference between Basic and Mild Injuries

• Important to distinguish between basic injuries and minor injuries.
• According to Art. 147.1 CP, an injury is any impairment to bodily integrity or physical/mental health.
• Physical aggression that doesn't cause any bodily harm cannot be considered injury.
• Art. 147.1 CP injuries require objective medical or surgical treatment for recovery.
• Minor injuries, by contrast, do not require medical intervention.
• Self-healing injuries are considered minor injuries.
• A single instance of assistance also constitutes minor injury.

What constitutes treatment

• Intervention that is properly curative of the doctor or assistant.
• Curative activity that requires the injured person to ingest medication, adhere to diets, exercises, etc.
• Medically prescribed rest is often considered treatment.
• Injuries needing immobilization due to fractures have this consideration.
• According to Art. 147.1 CP, medical treatment explicitly excludes simple acts of supervision or monitoring of the injury’s progression.
• Little observation and preventative treatment is a minor crime according to Art. 147.2 CP.
• Stitches are considered a form of minor surgery.
• Art. 147.1 states that medical treatment is not an element that must be proven in court, but an objective measure.
• It's enough to simply dictate that the injuries sustained require a certain amount of necessary curative intervention.

Subjective Type and Imperfect Execution

• The crime of injury can be committed with eventual intent.
• A generic intent to assault or injure should be considered a more specific result.
• The applicable types are not exclusively determined by the result produced, but by the potential injury expressed only partially in outcome.

Aggravated Subtypes (Arts. 148-150 CP)

• According to art. 148 of the Penal Code, the penalty may be increased if the conduct contains elements suggesting supplemental indignity.
• The use of dangerous methods or instruments is an aggravating factor.

Dangerous Means

• Article 148.1 of the Penal Code addresses injuries caused by using instruments, methods, or means that pose a concrete danger to the injured party's life or health.
• The injuries must be able to be classified under the category of Article 147.1 CP and require treatment.
• The action must be dangerous.
• Attempted homicide can be inferred in situations implying the possibility of malicious intent.
• It may be a crime of attempted if despite not being as severe damage, it was idoneous.
• General examples are: use of firearms and knives, iron bars, or large sticks, automobile accidents, kicks to the head, martial arts.

Aggravating circumstance of cruel or malicious behavior

• The cruel or malicious behavior in Art. 148.2 is tied to the killing or assassination.
• This type of crime has it’s application in the case that lesion produced does not constitute a more severe crime, which would be punished by other corresponding figures in Arts. 149 and 150 in conjunction with other aggravating circumstances.

Victim Who Is A Minor or In Need of Special Protection

• Victim under 14 years old or a disabled person in need of special care.

Gender and Domestic Violence

• Art. 148.3 CP includes the aggravating factor for gendered or domestic violence as well.
• This aggravation resides in violence against vulnerable victims.
• Ten articles before the aggravating offenses for homicide and assassination present a nearly identical code for those sixteen years or younger.

Injuries Aggravated by the Outcome

• In the result of an egregious output, a stronger prison sentence will be imposed providing such actions are imputable towards offensive conduct, and enveloped malicious intent.
• Article 149 of the Penal Code states that the sentence will be six to twelve years in prison.
• Cases may result in harsh outcomes.

Loss or Impairment of a Principal Organ or Limb

• If any of the mentioned results are produced, the penalty of imprisonment will be from six to twelve years.
• This means that some cases may receive a greater penalty than homicide.
• An example would be loss of an eye or kidney, severed tendons in hand, or total deafness produced expolosives.
• A substantial impairment must be considered.
• If the genital mutilation constitutes in any way the loss of its organ, it will be considered the loss of a principal member in alignment with Art. 149.1 CP.

Minor Damages

• Article 150 of the Penal Code will result in a sentence of imprisonment, ranging from three to six years.
• Some results that will be prosecuted is with the elements described in Art. 149 include digit amputation, or spleen loss.

Negligent Injuries

• Article 152 of the Penal Code describes offenses of harm through serious and minor neglect.
• Practical importance is extreme of the following: traffic accidents, work accidents, medical negligance, etc.
• Cases that should be considered are the seriousness of the loss. The injury must require medical interventions.
• The minimum penalty of grave negligence is identical to the corresponding malicious offense.

Participation in Tumultuous Brawl (Art. 154 CP)

• Article 154 specifies that those fighting commituting tumultuous acts with resources that put human life in danger/in jeopardy may face the prison for a few months, or a fine of 6-24 months.

Requirements

• A plurality of members.
• Impossibility to confirm who sustained aggressions for dynamic purposes.
• Aptitude for those committing to have means that endanger another's life and physical wellbeing.
• The practice of Art. 154 CP applies to injuries with multiple interveners where the authorship cannot be determined.
• It is acceptable in the use of dangerous objects or devices that third parties agree during a riot to commit hurtful acts together.

Gender or Occasional Domestic Violence (Art. 153 CP)

• Article 153 punishes acts when done with acts of violence against the partner.
• The foundation is in that such cases it is the existence of a special relationship amid perp and victim and as a violation of special treatment the aggressor has towards the domestic partner.

Injured Party's Consent (Art. 155 CP)

• Article 155 states that in the instance where the injured parties offer the consent, the penalty will be lessened in degrees.
• Consent offered by a minor or incapable person isn't valid.
• A valid, free, spontaneous and clearly issued consent will reduce the penalty by one or two degrees.
• It is atypical to join participate in auto surgeries. In any case, in suppositions given in Art. 156 CP, it will be considered to have been approved.

Illegal trafficking of human organs or illegal transplant

• Art. 156 states it is to punish those facilitating, procuring, or advertising those human organs.
• Material for Art. 156 will exclude bone, or other soft tissues.
• Any individual involved in supply is to be considered liable.
• Important Points*
• Public action except minor injury and the mistreatment.
• Public health is protected.
• Some criteria are very important elements that will consider some damages more carefully.
• Will be very important to use all proper documentation to demonstrate all elements.
• It is clear, if the person has a malicious intention, penalties should be adjusted.
• The law indicates to the public where some cases are to be reported.

Análisis del Título III del Libro II del Código Penal sobre lesiones. Se examina el bien jurídico protegido, que es la salud humana, tanto física como mental. Se define la lesión y se explora el tipo básico regulado en el artículo 147.1 del Código Penal.