Injuries and homicide

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Injuries and homicide

1.1. Types and penalties

In Spain, according to the Spanish Criminal Code, there are different types of injuries and penalties:

Minor injuries: fine of one to three months. It is calculated per euro per day, in such a way that an amount per day is fixed from 3 to 20 euros and multiplied by the total days of the months imposed. That is to say, a fine of 8 euros per day for 2 months would be equal to 8 x 2 months x 30 days each month = 8 x 60 = 480 euros.

Common injuries: imprisonment from three months to three years or a fine of six to twelve months. It is calculated in the same way as minor injuries. Thus, an amount of 5 euros per day for 8 months would be equal to 5 x 8 months x 30 days each month = 1,200 euros.

Injuries aggravated by the way of execution (weapons, instruments, etc.): imprisonment from 2 to 5 years.

Injuries aggravated by the result: imprisonment from 6 to 12 years in cases where there is genital mutilation or loss of a main limb. In cases involving loss of an organ or non-major limb, imprisonment of 3 to 6 years.

It is essential to have a lawyer specialized in injuries to analyze the case and determine to which category it corresponds.

Types and penalties

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Minor injuries

They constitute the most typical injury crime in Spain. They are those injuries in which the victim does not need further treatment to recover. That is to say, there is no breakage, no plaster, no stitches, no treatment that requires the doctor to supervise and summon him/her again to the medical centre to continue the medical or surgical treatment.

These are examples of this type of injury:

– Slapping another person who has previously insulted the aggressor.
– Causing a hematoma to a third party in the middle of a fight in a soccer match.
– Causing a swelling in the cheekbone or jaw of another in the course of a fist fight.

The following actions would be understood as first medical assistance:

– Diagnostic or curative acts of minor ailments with a single intervention. – Cleaning of a minor wound.
– Prescribing analgesics for pain.
– Cervical collar if it is for precautionary purposes.

Common injuries

In the event that the injuries require treatment, that is to say, that beyond the first medical assistance by the Samur, Medical Center or Emergency Room, the victim objectively requires supervision and further medical assistance, the crime is aggravated.

It is essential to have a specialized lawyer to verify if this subsequent treatment is necessary and if so, what scope it should have. It is not the same to have to wear a bandage on an injured ankle than to need a cast and an operation that may even require surgery.

To verify whether the injuries should be of the minor type or of the basic type, it is necessary to analyze the facts, the first medical report, the report of the medical staff and the subsequent reports, confirm that the injuries referred to in the first instance coincide with those contained in the medical reports, etc.

Some examples of injuries of the basic type could be:

– Punching a third party to such an extent as to require stitches.
– Assaulting another in a bar causing a broken cheekbone or jaw.
– Causing a broken tibia or fibula in the course of a fight in a soccer match.

Regarding the types of treatment that would fall under this modality are:

– Neck brace with therapeutic effect.
– Antibiotics and anti-inflammatory if it is with curative not palliative purpose.
– Stitches.
– Psychological treatment that requires several sessions.

Your lawyer expert in injuries will help you determine if it is a minor injury or a common one.

Aggravated injuries

In cases in which not only subsequent medical treatment is required to cure the injury, but there is also any of the aggravating circumstances indicated below, the prison sentences will be from 2 to 5 years:

– If weapons, instruments, objects, means, means, methods or forms concretely dangerous to the life or health, physical or psychic of the injured person had been used.
– If the acts were committed with malice aforethought or malice aforethought.
– If the victim is under twelve years of age or has a disability.
– If the victim was the wife or ex-wife.
– If the victim is a particularly vulnerable person who lives with the perpetrator.

More aggravated injuries

These are the most serious cases, the loss or disablement of a major organ or limb or a sense, impotence or sterility or serious deformity. These are exceptional cases that occur rarely. Few law firms specialize in this type of injury.

Negligent Homicide

When the death of a person is caused by the fault of a third party, there is criminal liability. However, there are very different penalties for the same result, the death of a person, and this is due to the fact that the penalty does not depend on the result but on the degree of culpability of the perpetrator. From manslaughter to murder, the Spanish Penal Code graduates the penalties according to the responsibility of the subject in each particular case.

The negligent homicide is the lightest type and is defined as the action of killing another person without the will to do so, but there is guilt or recklessness in the conduct.

Within the crime of involuntary homicide, in Spain there are several types with different penalties. It is essential to have a lawyer specialized in negligent homicide.

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Types and penalties

In this section, we indicate the penalties for the different types of negligent homicide, leaving aside intentional homicide and murder, i.e., those forms of voluntary commission of the crime.

– Homicide by slight negligence: it is not a crime and only civil compensation can be claimed.

– Homicide by less serious recklessness (moderate): penalty of 3 to 18 months fine.

– Negligent homicide: imprisonment from 1 to 4 years.

– Aggravated gross negligent homicide: imprisonment from 4 to 6 years and even in the most serious cases up to 9 years.

On the other hand, it is convenient to point out three particular cases:

– When the act is committed with a motor vehicle or a motorcycle, the penalty of withdrawal of the license will be imposed from 1 to 6 years when the imprudence is serious and from 3 months to 18 months when it is less serious.

– When the act is committed with a firearm, the penalty of deprivation of the right to carry or possess a firearm shall be imposed from 1 to 6 years in case of serious negligence and from 3 to 18 months in case of less serious negligence.

– When the homicide is committed due to serious professional negligence, the penalty shall be imposed in addition to the penalty of special disqualification from the exercise of the profession, trade or position for a period of 3 to 6 years.

The lawyers of our firm will help you to know what type of crime your case falls under and will defend you against a possible more serious accusation by the Public Prosecutor’s Office

Serious negligent homicide

It is essential to note that the need to analyze case by case imposes due caution on us not to judge on the seriousness of a specific conduct without analyzing all the circumstances. The only thing we can do is to point out some examples of conduct that could constitute gross negligent homicide:

– The physician who in the course of surgery severed a major artery or an unaffected organ causing a fatal hemorrhage.

– The driver under the influence of alcohol who invades the oncoming lane and collides head-on with another car causing the death of the occupants.

– The hunter who goes out in a group to hunt and turns around to shoot a bird that has flown in that direction and without taking due precautions shoots a fellow hunter.

– The nurse who gives a dose of 0.2 g of a medicine instead of 0.02 g causing the death of the patient.

– The bar customer who gets into an argument with another customer, hitting him in the head with a bottle and causing a cranioencephalic traumatism that causes his death.

We have experience as defense attorneys in imprudent homicide cases similar to the above.

Less serious negligent homicide

As indicated in the previous section, there is no room for generalizations and as attorneys we always say it is necessary to study each case on a case-by-case basis. Examples of less serious negligent homicide could be:

– The driver who enters a traffic circle without adjusting to the vehicles already circulating inside and collides with a cyclist.

– The owner of a bar who impedes the access to a drunk customer by blocking the entrance and pushes him causing him to fall backwards with the misfortune of hitting his head and dying from hemorrhage.

Slight negligent homicide

Mild negligent homicide is decriminalized and therefore is not a crime. In these cases, what does apply is a civil claim for tort liability.

The borderline between less serious and minor recklessness is very blurred and depends on the specific circumstances of the case and the judge’s criteria, so it is essential to have a specialized lawyer to present the appropriate arguments to justify why one of the two figures should be applied.

Examples of slight negligent homicide could be:

– The driver who without being under the influence of alcohol or any substance, respecting all traffic rules when making a turn momentarily lose control while attending to the conversation of one of the passengers.

– The doctor who does not make the proper diagnosis due to lack of a test for which he is not responsible.

Crimes of negligent homicide in traffic are directly related to crimes against road safety. LINK TO CRIMES AGAINST ROAD SAFETY.

When a misfortune such a homicide occurs, this is the mildest type imputable, your defense lawyer will fight for your acquittal and subsidiarily, for this very attenuated type.

In Olimpa Abogados we are specialists in crimes of injury and negligent homicide, submit your case and we will give you an answer with the best strategy.

Injuries and homicide

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