CONCEPT. An injury is an injury to the mental and physical integrity of another.
legal rights. We discuss whether the legally protected in the lesions is the personal integrity or the integrity or health. It is claimed that personal integrity is not legally protected as it covers many facets of the human person whose protection is not part of the scope of protection of the law. Therefore, the legal right should be limited to bodily integrity, that is, physical and organizational structure of the human person.
However, as the health of people is not the only legally protected with the injuries, because this is a crime pluriofensivo, as it also affects the ability to self-determination.
Es que la integridad de las personas, comprende tres esferas de protección: la primera, la correspondiente a la esfera física, esto es, al ámbito netamente anatómico; la segunda, la atinente a la esfera fisiológica, esto es, funcional. Que alude al cumplimiento de sus funciones por parte de cada uno de los componentes orgánicos del ser humano; y la tercera, relativa a la esfera psíquica, mental.
Se atenta contra este bien, cuando se produce daño en el cuerpo, alterando su integridad física, por ruptura o mortificación de los tejidos que lo componen. O cuando se causa daño en la salud, alterando la integridad physiological organism, disruption in physical functioning or biological or psychological or psycho-somatic people.
self-harm. Criminalize personal self-harm is an overflow of criminal law, is the ultimate expression of "criminal inflationism" as to the extent that criminal law is legitimate only in the rights of others, it is illegitimate to punish conduct such as drug use, which threatens their own health and self harm among others.
INJURY CONSENT.
object type. The typical description, contained in Article 111 of the Penal Code, establishes a mandatory type, as described generically but said the conduct or outcome or penalty.
The type of personal injury is an open offense, injury and outcome.
open is a criminal offense because the event may occur by omission or commission, without having to require the existence of circumstances of time, manner and place.
is a crime of injury as the legally protected interest is really concerned with the conduct of an individual agent.
offense is a result because for the consummation of the crime requires a transformation occurs from the outside world: damage to body or health of the taxpayer.
regard the object and the subject material, active and passive, is valid all that is said of these elements in the study of homicide. The coincidence of the first, is because in the killing, but also damages for causing death, while the injury, l action also falls on the person, is intended to produce only damage to the body or health.
SUBJECT. The active subject is a human person undetermined. It is an offense monosubjetivo. Come to different forms of partnership.
The taxpayer is also a human being undetermined. Given the criminal irrelevance of self harm should be reiterated that the taxpayer must be "other."
. The purpose of the material is personal injury. This is the psychosomatic structure of human beings.
legal object is the physical integrity of those who have independent living.
CONDUCT AND RESULTS. Injuries are the psycho-physical harm to another. That harm can fall upon the anatomical integrity, ie alteration may consist of internal or external structure of the body of the victim. But the damage may fall on their physiological integrity, ie, can alter the functional balance of your body.
The lesions may be simple or complex.
are simple injuries that occur when the damage is unable to work or sickness (Article 112). The expression "incapacity for work" does not go far naturalistic, but regulatory, otherwise the period of disability would depend on the occupation of the victim and also with impunity would injure a person who does not work, either willfully or by force of circumstances. Accordingly, for failure to understand "time in days spent by injured tissue to return to its previous integrity, or rather, to achieve primary repair logic." Temporary disability is one that sets the coroner "when evolution is still in primary bioremediation, and final is that fixing the medical examiner "when injuries ended their primary biological repair and stopped the microscopic process of healing."
injustice content of this type of injury is determined by the end of the disability. Therefore, the law increases the penalty as she does not exceed 30 days, exceeding 30 days not exceeding 90, or more than 90 days.
TENTATIVE. The attempt is inconceivable injuries, although some authors and Urban Pavejeau Gómez Martínez think is possible to speak of attempted personal injury.
criminal sanction could we refer the conduct of the agent, if ultimately the responsibility is qualified by the result? The fallador can not assume what might be damage or that could have been the failure, and few days, deformity, functional disturbance or anatomical loss.
PUNITIVE UNIT. Article 117 confirms the punitive unit for the case in which there are several of the expected results in the previous articles and has only be sentenced for more serious injuries. This provision is relevant the case of complex lesions as they can go together or with simple injuries. The rule aims to avoid a punitive rigor end, hence why you have to apply the penalty for only the most serious injury. This standard addresses the apparent concurrence of crimes, so that if a person is disabled, deformed, physically and functionally disturbed, as in the case of someone who is injured in one eye, losing the vision in his facial disfigurement and suffering from cataract covering the lens will only be sanctioned on the basis of functional disturbance.
But it should not be included in this provision injuries that can really be separated, as is the case someone cause of vision loss (loss of body) and disturb renal function, because here we face a real contest of crimes, both of these lesions, should be punished according to the precepts governing the phenomenon of competition in Article 31 of the code.
Aggravating Circumstances. Article 119 extends to fraudulent personal injury Aggravating circumstances under Article 104 for the crime of murder, and Article 119 extends to the negligent injury Aggravating circumstances under in Article 110 for the crime of manslaughter.
CLASSIFICATION OF INJURIES.
FAULT.
felony.
REALLY DAMAGE CAUSED BY.
SIMPLE.
RATED.
1. BY deformity. deformity is violating the original form of the human body, is any significant effect to alter, so obvious, the shape, symmetry or aesthetic body at rest or in motion.
deformity refers to the protection of bodily integrity in the abstract, taking as reference the human species in general, not the original state of the victim (for which, in any case, they might materialize some other forms of "personal injuries").
"Any defect that change the integrity, proportion, order and harmony that normally have or are between the constituent parts of human body in outdoor settings. So anything that alters the normal mode with proportionately involved the objective elements of beauty in the creation of what we usually call the forms is a physical deformity. This change may affect the beauty of the face or thinness, ease and elegance of the body at rest or in motion, that is what makes the deformity itself. " (Uribe Cualla, Guillermo. "Forensic medicine and forensic psychiatry." Bogotá, TEMIS, 1971.)
is a concept that has to do with the image ol physical appearance or body, with its normal constituent order or harmony. A scar, a curvature of the trunk, the drop of a shoulder lameness are examples that illustrate this type of injury.
1.1. BY physical deformity.
1.1.1. FOR TEMPORARY physical deformity.
1.1.2. FOR PERMANENT physical deformity.
1.2. BY facial deformity.
1.2.1. BY THE FACIAL DEFORMITY TRANSIENT.
1.2.2. FOR PERMANENT facial deformity.
2. DISTURBANCE BY . The disturbance is a limitation or reduction of the proper function of an organ or limb. Is a partial phenomenon of functional impairment, while the total loss is what we will study later. The limitation on the movement of an arm, loss of vision in one eye, the narrow or reduced digestive ducts, difficulty in movement of the fingers, are examples of functional disturbances.
As can be functional disruption of organs or limbs, it's time to get into these concepts, more typical of the right medicine:
The body has been legally understood differently to the anatomical design . One eye is that this discipline, being only part of the visual organ to the right. The court in law is therefore a set of tissues that contribute harmoniously to the development of a function.
This divergence is given in relation to the double organs (kidneys, eyes, ears, lungs, ovaries, testes, etc.) regarding the simple (larynx, trachea, cardio-vascular, gastrointestinal tract, liver, heart, pancreas, uterus, bladder, urethra, etc.). there is not. It follows that the loss of vision in one eye, or unilateral hearing loss, or loss of one kidney, loss of organs are not, legally speaking, but functional disturbances of vision, hearing and kidney, respectively.
members are comprised of all four limbs (two upper and two lower) and the masculine pole. Some authors exclude the latter, arguing that it is a part of the genito-urinary organ. But most are inclined to the former, and rightly so, because we think he has a specific role of psycho-sexual nature, not just genetics, whose importance is fundamental to human life, and correspondingly of women, to the point
doubt that lost
This finding is important because to accept the proposition that is part of genitourinary organ, the penis would mean loss of only a functional disturbance, inasmuch as there would be a reduction the role played by the body referred to, and not a loss of limb, lesion serious.
2.1. FOR MENTAL DISTURBANCE. Defined as any alteration to mean deterioration of mental health that the individual had prior to injury. Which may be permanent or temporary, according to endure the life of the individual, or conversely, the mere passage of time, regardless of treatment, is able to restore the balance of self and mental health.
2.2. FUNCTIONAL DISTURBANCE BY . We are facing a criminal offense that includes four alternative hypothesis: disruption transient functional organ, transient functional disruption of a limb, permanent functional disturbance of an organ and functional disturbance of a permanent member.
transient functional disturbance is one that can be overcome regardless of surgery, such as muscle atrophy, joint stiffness sagging or physiotherapy. Functional disturbance is the only time, regardless of treatment applied, makes it disappear and in this case recovers the full functionality of the organ or limb, before being injured and should take into account that if has really made a treatment that has helped to restore the organ or limb prior functional status, also qualify this type of injury and transient.
functional disturbance is permanent when, despite the will of the injured to correct on its own, does not yield, is one that continues to exist in the individual and which would never be able to recover the entire function, which was before the injury, personal loss such as the flexor function, after the section of the tendons of the hand.
3. BY LOSS. Loss means deprivation, because of the personal injury inflicted on another person, a part of the anatomy, or, where appropriate, of a certain bodily function.
3.1. LOSS OF FUNCTIONAL . complete suppression of the function of an organ or limb, with the conservation of the same anatomical structure. That is, function is lost, but not necessarily the body.
The injury to the spinal cord at dorsal leaves behind the functional loss of the organ of locomotion, as anatomically preserving the lower limbs but lack of mobility.
This injury also causes functional disturbance of fecal excretion, urinary or excretory functional disturbance.
injury leading to blindness from methanol poisoning with optic nerve damage, are classified as functional loss of the organ of vision.
Amputation of the right of an individual, as a result of personal injury crime. Although there remains physically the presence of more than 80% of upper limb, there is a feature of it has been completely lost, as well as having caused, obviously, a physical deformity.
If a person receives an injury by firearm bullet, at the fifth lumbar vertebra with complete transection of the spinal cord will result in paraplegia is judged to be functional loss of the organ of locomotion or lower limbs, which, however, are anatomically present in the human body.
3.2. ANATOMICAL LOSS BY . It refers to the removal of the body (even or odd) or limb amputation at the level of its articulation with the body or at least the proximal third of it.
Two different figures then we are concerned in this section:
loss of function (simple) function disappears although the organ or limb is preserved anatomically.
anatomical loss of the organ or member (aggravated form): loss of both the function and the organ or limb.
3.2.1. FOR LOSS OF BODY ANATOMICAL .
3.2.2. ANATOMICAL LOSS BY Membership.
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