Crime of Bodily Injuries
The crime of bodily injuries, as the name suggests, consists of causing harm or injury to a person. According to Article 288 of the Federal Penal Code, bodily injuries are defined as any alteration to a person’s health or damage that leaves a physical mark on the body.
This is a state-level crime, meaning it is punished according to the various legislations of the Mexican states.
The punishment for bodily injuries is based on the following aspects:
- The severity of the injuries, as well as whether they were inflicted intentionally (with intent) or negligently (by accident).
- The means used to inflict the injuries.
- Who inflicts the injuries.
- Who the injuries are inflicted upon.
- The circumstances under which the injuries were inflicted.
Types of Injuries Based on Severity:
Minor Injuries: These are injuries that heal in less than 15 days and do not endanger the victim’s life. These are pursued by complaint, meaning the victim can forgive the offender, except in cases where parents or guardians cause the injuries to their children or wards. In such cases, the public prosecutor pursues the case regardless.
Injuries that leave a permanent scar on the face or cause a reduction in physical capacity.
Injuries that cause an incurable illness or the total loss of function in an organ, body part, or sense.
Injuries that endanger the victim’s life. If the victim dies as a result of the injuries, the punishment for homicide will be applied.
Means Used to Cause the Injuries:
The crime can be classified as simple (minor) or as aggravated depending on whether the offender used an advantage, a weapon, or other dangerous means, such as flooding, fire, mines, bombs, explosives, poisonous substances, or anything harmful to health.
Who Inflicts or Receives the Injury:
The punishment increases if the injuries are inflicted by a family member, guardian, or step-parent, or if the perpetrator is a public official acting in their official capacity. If there is a trust relationship between the victim and the offender, and the latter takes advantage of this to cause injury, the punishment will also increase.
Circumstances:
Other circumstances include injuries caused during a brawl, mass assault, traffic accidents, and if the accident occurred under the influence of alcohol or drugs.
If you are either a victim or accused in any of the above situations, do not hesitate to contact me, Lic. Jorge Fernández, for legal advice.
