Personal injury is one of the most frequent offences and, therefore, one of those that gives rise to the most legal proceedings. This is not surprising, given the many options and variables by which this offence can be committed.
In any case, whether as the victim of this offence or because you are being prosecuted for its alleged commission, having the advice of experts to help you face this situation will always be the best recommendation. At BBMabogados we have the best experts in criminal matters, who will be in the best position to represent you in your situation.
What is personal injury?
To begin with, it is important to be clear about what this concept means within the criminal legislation that governs us. Injury is defined as “any harm caused to the physical or mental integrity of a person”. In addition, for the offence to be established, there must be an intention to cause harm, regardless of the means used to do so.
By establishing this offence, the aim is to protect physical and mental integrity, that is, to protect people’s general health and wellbeing.
Types of personal injury in Santander
As already noted, this offence has many variants and ways of being committed. It is therefore important to have an understanding of the types of injury that may arise, in order to determine how to proceed and the legal consequences.
BASIC OFFENCE
The offence set out in Article 147 of the Criminal Code refers to injuries that require medical or surgical treatment to recover. This excludes injuries that require only initial, one-off medical assistance to heal, which are classified as a minor offence.
It is worth noting that initial medical assistance is that which is limited to acts of diagnosis, pain relief, or treatment of conditions with a single intervention. This concept extends to medical follow-up to determine how the injury develops. By way of example, medical treatment may consist of cleaning the wound or prescribing painkillers.
In contrast to the above, we find medical or surgical treatment, in which the care extends to two or more sessions, or establishes a therapeutic plan to restore health. This concept includes surgical operations and stitches, among others.
AGGRAVATED OFFENCES
In these cases, the conduct that constitutes the offence of personal injury involves particular circumstances that make it more serious. This means a higher penalty, which will depend on the manner of commission and the extent of the harm caused.
The offence is aggravated when:
✅ Weapons, objects, or methods dangerous to life or health have been used.
✅ There has been cruelty, that is, the offender deliberately sought to increase the victim’s suffering; or treachery (alevosía).
✅ The victim is under twelve years of age or lacks capacity.
✅ The victim is a woman with whom the offender has or has had a romantic relationship, or a particularly vulnerable person living with the offender.
These are just some examples. As can be seen, the scenarios are varied, so when starting proceedings, the help of professionals can place us within the applicable offence for each specific case.
INJURY BY NEGLIGENCE
Not only intentionally caused injuries are punishable, but also those involving a degree of negligence. These may be gross or less serious. The penalty will be lower, but they carry an accessory penalty depending on whether they were caused by the use of a vehicle, motorcycle, firearm, or by professional negligence.
Penalties for personal injury in Santander
The penalties provided for are proportionate to the seriousness of the injury, taking into account the circumstances and the methods used by the offender.
Bearing this in mind, anyone who causes another person injuries requiring initial medical assistance will be punished with a prison sentence of six months to three years; whereas if the injury is caused by gross negligence, the prison sentence will be three to six months.
In any case, do not hesitate to contact us for more information about the type of penalties the legal system provides for a specific offence.
Why turn to a lawyer in a personal injury case?
Professionals specialising in personal injury offences, whether you are the victim or the accused, will give you the tools to achieve the best outcome in your case. This is thanks to the legal analysis of cases, which allows us to offer options tailored to your circumstances.
LAWYERS WHO EMPATHISE WITH THEIR CLIENTS IN DIFFICULT TIMES
We protect our clients’ rights with the utmost commitment and diligence, placing special emphasis on personal attention.
