The offense of bodily harm is one of the most common crimes in the criminal law context. It is regulated in Article 147 of the Spanish Penal Code, and its definition encompasses the act of causing another person an injury that impairs their physical or mental health or bodily integrity.
This offense is divided into two types: minor bodily harm and serious bodily harm. Minor bodily harm refers to injuries that do not endanger the victim’s life or cause temporary incapacity for work lasting more than 10 days. On the other hand, serious bodily harm refers to injuries that endanger the victim’s life, cause temporary incapacity for work lasting more than 10 days, or result in a serious mutilation or deformity.
The offense of bodily harm can be committed intentionally or recklessly. When it is committed intentionally, it is considered an intentional crime. That is, the perpetrator acted with the intention of causing harm to the victim. On the other hand, when it is committed recklessly, it is considered a negligent crime. In this case, the perpetrator acted negligently without intending to cause harm, but their conduct resulted in an injury.
The penalty for this offense may vary depending on the type of bodily harm committed. If it is minor bodily harm, the penalty may be a fine or imprisonment of 3 to 6 months. If it is serious bodily harm, the penalty may be imprisonment of 2 to 5 years.
Moreover, there are aggravating circumstances that can increase the penalty. For example, if the victim is a minor, a close relative, or if the perpetrator used weapons or dangerous means to commit the crime.
Regarding criminal prosecution, the offense of bodily harm is prosecutable ex officio, that is, it can be reported by the victim or anyone who has knowledge of it. In this sense, the Public Prosecutor’s Office has the obligation to investigate and prosecute crimes ex officio, even if the victim decides not to file a complaint.
It is important to note that the offense of bodily harm is not limited to physical violence. It can also be committed through psychological or emotional means. These types of injuries are called psychological or moral injuries, and can be just as serious as physical injuries.
Psychological or moral injuries occur when a person causes emotional harm to another. For example, when psychological violence is exerted, such as harassment or emotional manipulation, a moral injury can be inflicted on the victim. These types of injuries are also covered by the Penal Code and can be subject to criminal complaints and prosecution.
In conclusion, the offense of bodily harm is one of the most common crimes in the criminal law context and is regulated in Article 147 of the Spanish Penal Code. This offense can be committed intentionally or recklessly and can be punished with a fine or imprisonment. Moreover, there are aggravating circumstances that can increase the penalty. Have you been accused of this offense? Has someone caused you bodily harm? At Piripi Abogados we can help you. Call us now.