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Offence of Grievous Bodily Harm

Specialist Lawyers in Bodily Harm in Spain

Spanish Criminal Code

On bodily harm


 

Article 147

 
1. Whoever, by any means or procedure, causes another an injury that detracts from his bodily integrity or his physical or mental health, shall be convicted of the offence of grievous bodily harm, with a sentence of imprisonment of six months to three years, whenever the injury objectively requires medical or surgical treatment for health purposes, in addition to qualified first aid. Simple qualified surveillance or monitoring of the course of the injury shall not be deemed medical treatment.

Punishment by the same penalty shall be applied to whoever, within the term of one year, has perpetrated the action described in Article 617 of this Code four times.

2. However, the act described in the preceding Section shall be punished with a sentence of imprisonment of three to six months or a fine from six to twelve months, when less serious, in view of the means used or the result caused.
 

Article 148

 
The injuries foreseen in Section 1 of the preceding Article may be punished with a sentence of imprisonment of two to five years, in view of the result caused or the risk produced:

1. If weapons, instruments, objects, means, methods or ways that are specifically dangerous to life or health, both physical and mental, of the injured party, were used;

2. If perpetrated with wanton cruelty and premeditation;

3. If the victim is under twelve years old or is incapacitated;

4. If the victim is or has been the wife, or woman bound to the offender by a similar emotional relation, even when not cohabitating;

5. If the victim is an especially vulnerable person who lives with the offender.

 

Article 149

 
1. Whoever causes to another person, by any means or procedure, to forfeit or lose the use of a major organ or limb, or a sense, or sexual impotence, sterility, serious deformity or to suffer a serious physical or mental illness, shall be punished with a sentence of imprisonment from six to twelve years.

2. Whoever causes to another person a genital mutilation in any form shall be punished with a sentence of imprisonment from six to twelve years. Should the victim be a minor or incapacitated, the punishment of special barring from exercise of parental rights, guardianship, care, safekeeping or fostership shall be applicable for a term from four to ten years, should the Judge deem it appropriate in the interest of the minor or incapacitated person.
 

Article 150

 
Whoever causes another person to forfeit or lose the use of a non-major or limb, or a deformity, shall be punished with a sentence of imprisonment from three to six years.
 

Article 151

 
Provocation, conspiracy and the solicitation to commit the offences foreseen in the preceding Articles of this Title shall be punished with a penalty one or two degrees below that set for the relevant offence.
 

Article 152

 
1. Whoever causes any of the injuries foreseen in the preceding Articles due to serious negligence shall be punished:

1. With a sentence of imprisonment from three to six months, in the case of the injuries described in Article 147.1;

2. With a sentence of imprisonment of one to three years, in the case of the injuries described in Article 149;

3. With a sentence of imprisonment of six months to two years, in the case of the injuries in Article 150.

2. When the acts referred to in this Article have been committed using a motor vehicle, moped or firearm, the punishment of deprivation of the right to drive motor vehicles and mopeds or the  right to own and carry weapons for a term of one to four years, respectively, shall also be imposed.

3. When the injuries are committed due to professional negligence, the punishment of special barring from practice of the profession, trade or office shall also be applied, for a term from one to four years.

 

Specialist Lawyers in Bodily Harm

Specialist Lawyers in Bodily Harm in Spain

 

Article 153

 
1. Whoever, by any means or procedure, causes another mental damage or an injury not defined as a felony in this Code, or who hits or abuses another by action, without causing such person an injury, when the victim is or has been his wife, or a woman with whom he has been bound by a similar emotional relation, even when not cohabitating, or an especially vulnerable person who lives with the offender, the offender shall be punished with a sentence of imprisonment of six months to one year, or community service from thirty one to eighty days and, in all cases, deprivation of the right to own and carry weapons from a year and a day to three years, as well as, when the Judge or Court of Law deems it appropriate in the interest of the minor or incapacitated person, barring from the exercise parental rights, guardianship, care, safekeeping or fostership for up to five years.

2. If the victim of the offence foreseen in the preceding Section were any of the persons referred to in Article 173.2, except the persons considered in the preceding Section of this Article, the offender shall be punished with a sentence of imprisonment from three months to a year or community service of thirty- one to eighty days and, in all cases, deprivation of the right to own and carry weapons from a year and a day to three years, as well as, when the Judge or Court of Law deems it adequate in the interest of the minor or incapacitated person, barring from the exercise of parental rights, guardianship, care, safekeeping or fostership from six months to three years.

3. The penalties foreseen in Sections 1 and 2 shall be imposed in the upper half when the offence is perpetrated in the presence of minors, or using weapons, or when it takes place in the common dwelling or in the dwelling of the victim, or when perpetrated in breach of a penalty of those set forth in Article 48 of this Code, or an precautionary or security measure of the same nature.

4. Notwithstanding the terms foreseen in the preceding Sections, the Judge or Court of Law, giving the reasons in the judgement, in view of the offender’s personal circumstances and those arising in perpetrating the event, may impose the lower degree punishment.
 

Article 154

 
Those who brawl, attacking each other in a disorderly manner and using means or instruments that endanger the life or integrity of persons, shall be punished for their participation in the brawl with a sentence of imprisonment from three months to a year or fine from six to twenty- four months.
 

Article 155

 
In felonies involving bodily harm, if valid, free, spontaneous consent is involved expressed by the victim, a punishment lower by one or two degrees shall be imposed.

Consent granted by a minor or incapacitated person shall not be valid.
 

Article 156

 
Notwithstanding what is set forth in the preceding Article, valid free, conscious and specifically expressed consent shall exempt from criminal accountability in cases of organ transplant carried out pursuant to the terms of the Law, sterilisations and transsexual surgery carried out by a surgeon, except if the consent obtained is flawed, or obtained by price or reward, or when the person consenting is a minor or incapacitated person, in which case that provided by these or their legal representatives shall not be valid.

However, sterilisation of an incapacitated person suffering from serious mental deficiency shall not be punishable when this is carried out pursuant to the overriding criterion of the best interest of the incapacitated person and it has been authorised by a Judge, either in the actual procedure of incapacitation, or through voluntary jurisdiction proceedings, processed thereafter at the request of the legal representative of the incapacitated person, having heard the opinion of two specialists, the Public Prosecutor and having examined the incapacitated person.
 

Article 156 bis

 
1. Those who promote, favour, facilitate or publicise the unlawful obtaining or trafficking in human organs or their transplantation shall be punished with a sentence of imprisonment from six to twelve years in the case of a main organ, and of prison from three to six years if not a main organ.

2. Should the receiver of the organ consent to the carrying out of the transplant while being aware of its unlawful origin, he shall punished with the same penalties as in the preceding Section, that may be lowered by one or two degrees in view of the circumstances of case and of the offender.

3. When, pursuant to the terms established in Article 31 bis, a legal person is responsible for the offences defined in this Article, it shall be sentenced to pay a fine of three to five times the profit obtained.

Pursuant to the rules established in Article 66 bis, the Judges and Courts of Law may also impose the penalties described in Sub-Sections b) to g) of Section 7 of Article 33.
 


Palladino Pellón – Criminal Defense Lawyers | Specialist Lawyers in Bodily Harm