Here you will find everything you need to know about the crime of injuries in Spain.
The crime of injuries is one of the most frequent crimes in Spain.
When we talk about this type of crime, an argument or a confrontation that results in injured people quickly comes to mind.
Although the damage is generally due to aggression, there may also be another way of generating injuries such as the spread of a disease (for example, through the voluntary transmission of diseases such as AIDS…).
What is the crime of injuries?
It is a crime in which the victim suffers physical damage.
These injuries can occur in different ways.
These crimes can be separated into different types depending on their seriousness and the damage caused.
Evidently, the greater the severity and damage, the greater the criminal punishment.
When is an injury not considered a crime?
In order to prove in the court the injuries, it is important to receive medical assistance at least once and receive subsequent optional treatment, if necessary.
Also, if the affected person attends a doctor and that same day the doctor discharges him and further treatment will not be required either, this could not be considered a crime. In that case it could be a misdemeanor. Minor crimes entitle the victim to receive compensation and imply a criminal record for the aggressor, but criminal responsibility is less serious in these offenses.
What are the penalties for injury crimes?
The person who committed the crime will be risking a prison sentence.
The penalties for committing a crime of injury can change depending on the seriousness of the injury produced and the means used by the person responsible for committing the crime.
Once the previous point has been clarified, the most common sentence for the crime of injuries usually extends between 6 months and 3 years.
Is it the same if I commit the crime recklessly as if I commit it with intent?
Intentional crime is when a crime is committed voluntarily.
Injuries can be committed intentionally or recklessly.
Obviously, the prison sentence can also be reduced, as long as the injury is caused by recklessness.
Is the severity of the injuries relevant?
As we mentioned before, the severity will be influenced by the type of injury that the victim presents.
Crime of minor injuries
Minor injuries do not require subsequent treatment. These cases do not carry a prison sentence but a fine.However if the convicted person does not pay the fine, it could go to prison.
Basic injuries are injuries that do not affect organs or do not have such a high severity.
In these cases, the prison varies between 3 months and 3 years. There is also the possibility of being exposed to a fine of 6 to 12 months.
Crime of serious injury
In case of a serious injury, the penalty would be 2 to 5 years in prison.
Crime of aggravated injuries by result
They are the most serious injuries that the perpetrator can cause to the victim. For example: genital mutilation, loss of organs, senses or main members. In these types of cases the prison time can be up to 12 years.
What is the difference between injury and attempted murder?
To know if there has been an attempted homicide, it is important to know:
1) the aggressor’s will to kill or not.
2) the realistic chances of generating a death outcome.
Can the crime of injuries be combined with other crimes?
Yes, for example, it is common for it to be combined with the crime of driving under the influence of alcohol, with hate crimes, with sexual assaults or with crimes of gender violence.
How is the victim compensation calculated?
It will depend on the healing time, the aftermath, the moral damages…
Generally, the Traffic Accident Law is used, which has a scale to calculate the value of injuries.
If you need an exact calculation we have lawyers that can help you to calculate it.
Finally, if you are a victim, we recommend you to read this other article:
If you are the defendant, you should read this other one: https://www.pineradelolmo.com/criminal-defence-know/