Nocion Legal De Lesiones

Any person who, in the exercise of parental authority or guardianship, causes harm to minors or wards in his custody may be sentenced by the judge in addition to the penalty corresponding to the violation, suspension or withdrawal in the exercise of these rights. Many countries, including some U.S. states, also allow the use of corporal punishment for children in schools. In English law, section 58 of the Children Act 2004 limits the possibility of defending joint assault claims under section 39 of the Criminal Justice Act 1988. The offences provided for in paragraph 1 of the preceding article shall be punishable by imprisonment for two to five years, depending on the outcome or risk involved: an offence of bodily harm or the physical or mental health of another person. The Criminal Code distinguishes between gross negligence and lesser negligence with respect to the offence of bodily harm. Slight carelessness, on the other hand, is not punishable. Reckless bodily harm is an indirect offence and can be committed by omission. The absence of medical treatment will reduce injuries to the consideration of minor injuries, as they are a normative element of this type of importance. The criminal legislator itself provides some ideas for limiting the notion of medical or surgical treatment: Some jurisdictions permit the use of force to «defend property» to prevent harm either per se or under one or both of the above categories of defence, where a threat or attempt to damage property may be regarded as a crime (in English law, Under section 5 of the Criminal Damage Act 1971, it may be argued that the defendant has a legal excuse for property damage during defence and a defence under section 3 of the Criminal Law Act 1967, subject to the need to deter vigilantes and excessive self-handling. In addition, some jurisdictions, such as Ohio, allow residents of their homes to use force to chase away an intruder. The resident only has to tell the court that he felt threatened by the presence of the intruder. In some jurisdictions, such as Singapore, corporal punishment is part of the legal system.

Public servants who impose sanctions enjoy immunity from prosecution for assault. The offence of bodily harm is governed by articles 147 to 156 ter of title III of the Criminal Code. The next title determines the injuries of the fetus. Injuries due to gross negligence that do not require medical or surgical treatment for healing are not punishable. If the injuries were caused by the use of a firearm, the penalty of deprivation of the right to carry or possess weapons may also be imposed for a period of three months to one year. The violation is a criminal offence under criminal law and consists of injury to the physical or mental health of a third party. On the other hand, Article 148 provides for a reduced rate of the basic rate, depending on the risk or damage caused. These most serious violations are as follows: The punishment of various violations is based on the following aspects: Offences committed through gross negligence are governed by article 152 of the Criminal Code. Depending on the risk generated, a distinction is made between: In addition, recklessness must be assessed objectively and subjectively, taking into account lack of diligence or objective diligence. If the injuries are committed with the aid of a motor vehicle or moped, they are considered serious recklessness in two cases: the unlawful act of injury is regulated by the Criminal Code, Book II (Crimes and their penalties), Title III (Injuries), Articles 147 to 156 ter.

The offence of bodily harm, as its name suggests, is that which consists in inflicting on a person understood by him any change or damage in health in accordance with article 288 of the Federal Criminal Code, which leaves a physical mark on the body. It is a crime whose punishment is directly related to the harm caused to the victim. The greater the damage, the higher the penalty. If the severity of the injury results in the death of the victim, the crime ceases to be an injury and becomes murder. Similarly, it is considered a criminal offence of serious injury by the result and not by the means used. This happens when, for example, the result causes the total loss of an important organ or limb or the sense of the person or its total uselessness. The offence of bodily harm can be caused by both intent and fault (usually gross negligence), although the penalty imposed in each of these two cases is different. According to criminal law, various acts constitute the crime of serious injury, such as: Notwithstanding the provisions of the preceding article, valid, free, conscious and explicit consent shall exempt from criminal liability in the case of organ transplantation performed in accordance with the law, sterilizations and transsexual surgeries performed by a doctor, unless consent has been obtained lawfully or by prize or award, or unless the grantor is a minor or totally incapable of giving it, in which case the consent given by the grantor or its legal representatives is invalid. These crimes carry a sentence and vary according to the injuries caused.

Here we see a comparative table of the sentences of some countries for this crime of 1. May 2021: A type of gross negligence is provided if the violations of Articles 149 and 150 coincide with these two cases: However, this valid consent exempts from criminal liability persons who cause harm during organ transplants. Sterilizations and transsexual surgeries performed by a doctor in accordance with legal provisions. If the judicial authority approves the sterilization of persons who cannot give their consent permanently, the injuries caused will not be punishable. The offence of bodily harm harms a person`s physical or mental health. Since the 2015 reform of the Penal Code, decriminalization has been decriminalized. Therefore, injuries are considered criminal acts, whether or not they require medical or surgical treatment. Injuries will be very serious if they result in mutilation or physical disability. In this way, the following violations are distinguished: Consent can be a full or partial defense against bodily harm.

In some jurisdictions, particularly England, it is not a defence if the degree of harm is severe, unless there is a legally recognized valid reason for the attack. [6] This can have important consequences when it comes to issues such as consensual sadomasochistic sexual activity, the most notable case being Operation Key. Legally recognized good reasons for consent include operations, activities within the rules of the game such as martial arts, wrestling, boxing or contact sports, body jewellery (R v Wilson [1996] Crim LR 573) or antics (R v Jones [1987] Crim LR 123). However, any activity outside the rules of the game will not be legally recognized as a plea of consent. Under Scots law, consent is not a defence to personal injury. [7] If an injury occurs that does not require medical or surgical treatment to heal, an offence is committed.