CRIME OF INJURY

At Nieto Enríquez Abogados Penalistas, a criminal law firm in Barcelona, we specialize in the defense and prosecution of injury and bodily harm offenses under Spanish criminal law. Our team of experienced injury lawyers in Barcelona offers comprehensive legal support to individuals facing or reporting physical or psychological harm offenses.

What is an injury offense under spanish criminal law?

The offense of bodily harm covers any act that causes physical or psychological injury to another person and requires medical or surgical treatment for recovery. It differs from a minor injury offense, which only requires basic medical attention.

The legal interest protected by these provisions is the physical and mental integrity of individuals, as established in Articles 147 to 156 quinquies of the Spanish Criminal Code.

Types of injury offenses and penalties

The spanish criminal code distinguishes between several categories of injury offenses, depending on the severity of the harm, the intent of the offender, and the circumstances of the aggression. Penalties vary from fines to long-term imprisonment, and understanding these distinctions is essential for an effective defense or private prosecution.

Basic injury offense (article 147 of the criminal code)

Article 147 penalizes anyone who causes physical or mental harm requiring medical or surgical treatment beyond first aid.

The penalty ranges from 3 months to 3 years of imprisonment or a fine of 6 to 12 months, depending on the seriousness of the injury and personal circumstances.

Typical examples include fractures, wounds requiring stitches, rehabilitation processes, or temporary immobilization of a limb. these cases often require medical evaluation and a detailed legal strategy guided by expert injury lawyers.

Minor injury offense

A minor injury offense applies when the harm does not require medical or surgical treatment, only initial medical assistance. Although less serious, it remains punishable and is processed as a minor criminal offense before the court of instruction.

Penalties generally include a fine of 1 to 3 months, and even minor convictions can lead to a criminal record. prosecution only proceeds upon a formal complaint from the victim or their legal representative.

This offense often arises from minor altercations, neighbor disputes, or small physical confrontations without lasting effects.

Serious injury offense

Article 149 of the criminal code defines serious injury offenses as those causing permanent or severe physical or psychological damage.
examples include loss or impairment of an organ or limb, severe disfigurement, lasting illness, or loss of senses such as sight or hearing.

Penalties range from 6 to 12 years of imprisonment, depending on the extent of the injury and the intent of the perpetrator.

This category also covers genital mutilation, a particularly grave offense with lasting consequences, requiring specialized medical and legal expertise.

Aggravating circumstances

Article 148 increases penalties to 2 to 5 years of imprisonment when certain aggravating factors are present, such as:

• Use of weapons or dangerous objects
• Cruelty or premeditation
• Victim under 14 years old or with a disability
• Violence against a partner or ex-partner
• Victim considered vulnerable and living with the perpetrator

Legal assistance from our injury lawyers in barcelona

Whether you are accused of or a victim of an injury offense, it is essential to have specialized legal representation.
at nieto enríquez abogados penalistas, we thoroughly assess each case, reviewing medical evidence, intent, and personal circumstances to develop the most effective legal strategy.

Contact our injury lawyers in barcelona for a confidential consultation. we will help you protect your rights and navigate the legal process with confidence and professionalism.