Injury Lawyers Barcelona

The penalty to be imposed varies depending on the type of injury caused to the victim:

1. If the injury requires medical or surgical treatment in addition to primary medical care, the penalty is imprisonment of three months to three years or a fine of six to twelve months. This includes, for example, injuries requiring stitches.
2. If the injury caused is less serious, the penalty is a fine of 1 to 3 months.
3. If the action consists of hitting without causing injury, the penalty is a fine of 1 to 2 months.

Firstly, if the injury caused requires medical or surgical treatment, the penalty is aggravated and increases to imprisonment of 2 to 5 years, if any of the following situations occur:

1. If the assault involves the use of weapons or means that are especially dangerous to the life or health of the victim. This assumption generally applies when firearms, knives, motor vehicles, among others, are used.
2. If there is cruelty, which consists of using means that deliberately and inhumanly increase the victim’s pain.
3. If the perpetrator acts with malice aforethought, that is, if he uses means or instruments intended to ensure the infliction of injuries, preventing the victim from defending himself.
4. If the victim is under 14 years of age or a person with a disability.
5. If the victim is or has been the perpetrator’s wife, or a woman who has had a romantic relationship with the perpetrator.
6. If the victim is a vulnerable person who lives with the perpetrator.

On the other hand, when the injuries caused are especially serious, prison sentences are higher:

1. If the assault causes the loss or disability of a major organ or limb (for example, an eye or hand) or a sense, or a serious deformity or illness, the penalty is 6 to 12 years in prison. Genital mutilation carries the same penalty.
2. If the assault results in the loss of a non-main organ or limb or its deformity, the acts are punishable by imprisonment of 3 to 6 years.

In cases of injuries caused by negligence, the penalties vary depending on the degree of negligence and the severity of the injury caused.

Injuries due to gross negligence

In cases where the negligence is serious, the penalties are:

1. If the injury requires, in addition to first aid, medical or surgical treatment, the penalty is imprisonment of 3 to 6 months or a fine of 6 to 18 months.
2. If the injury consists of the loss of a non-main organ or limb or its deformity, the penalty is 6 months to 2 years in prison.
3. If the injury results in the loss or uselessness of a major organ or limb or sense, or a serious deformity or illness, the penalty is 1 to 3 years in prison.

In addition to the prison sentence or fine, if the injuries are caused while using a motor vehicle or moped, the penalty is also deprivation of the right to drive for a period of one to four years. On the other hand, if the injuries are caused by professional negligence, the penalty is also special disqualification from practicing the profession for a period of six months to four years.

Less serious negligent injuries

In cases where the imprudence is less serious:

1. If the injuries require medical or surgical treatment in addition to first aid, the penalty is a fine of 1 to 2 months.
2. If the injuries cause the loss or uselessness of a principal organ or limb or a sense, or a serious deformity or disease, or the loss of a non-principal organ or limb or its deformity, the penalty is a fine of 3 to 12 months.

In this case, in addition to the fine, if the offense is committed using a motor vehicle or moped, the penalty is also deprivation of the right to drive, for a period of 3 to 18 months.

Article 154 of the Criminal Code punishes individuals who attack each other in a violent manner if they do so using means that endanger the life or safety of others.

Those involved in the brawl are punished with imprisonment of 3 months to 1 year or a fine of 6 to 24 months.

The victim’s consent is highly relevant in crimes of battery. If the victim validly, freely, spontaneously, and expressly consents to the battery, the aforementioned penalties are reduced by one or two degrees.

However, consent given by a minor or a person with a disability is never valid. Thus, in these cases, even if the victim consents, the acts will be punished with the appropriate penalties, without any reduction in the sentence.

Finally, there are cases in which the victim’s consent exempts from criminal liability. This occurs when consent is given for organ transplants, sterilizations, and transgender surgery, provided that the regulations governing these procedures are followed. However, the victim’s consent never exempts from liability if it is obtained fraudulently, through payment or reward, if the victim is a minor, or if the victim lacks the capacity to give consent.