SESSION 7. Physical harm and domestic violence

Page 1: Introduction

• Topic: Offenses Against the Person: Physical Harm and Domestic Violence

• Course: Criminal Law II, Session 7

Page 2: Physical Harm

• Definition: Physical harm refers to injuries affecting a person's integrity and health caused by the action or inaction of a third party.

• Aggravating Factors:

  • Danger in Means: The methods used in causing harm.

  • Type of Victim: Certain victims may be more vulnerable.

  • Result of Harm: Injuries may be classified as serious or very serious, especially those causing irreparable damage to health.

Page 3: Main Elements of Physical Harm

• Active Subject: The perpetrator of the harm.

• Passive Subject: The victim who suffers harm.

• Material Object: The physical body of the victim.

• Type of Crime: Identifiable characteristics that classify the action.

• Injured: The details of the injury sustained by the victim.

Page 4: Protected Legal Good

• Definition of Legal Good: The legal good protected includes physical integrity and health, essential for a healthy life.

• WHO Definition of Health: "Health is a state of complete physical, mental and social well-being."

• Injury as Legal Good: Any damage leading to negative alterations in bodily functions.

• Medical Interventions: Certain medical interventions that benefit the patient do not violate the protected legal good.

Page 5: Main Elements Continued

• Active Subject: Anyone can be the active perpetrator.

• Passive Subject: The legal good owner, i.e., the victim.

• Material Object: The body and its functions.

• Type of Crime: Classified as a crime of result.

Page 6: Elements of Physical Harm

• Conduct: Any action that results in health damage.

• Typicity (Objective Type): The act of causing damage to health constitutes a criminal conduct.

• Causation: Linking the action directly to the resultant harm.

Page 7: Elements of Physical Harm (Subjective Type)

• Intent: The perpetrator's specific knowledge of the victim's condition can enhance culpability.

• Recklessness: Classification of harm as serious or less serious impacts punishment.

• Iter Criminis: The possibility of attempt as it is a result crime.

Page 8: Types of Non-Fatal Crimes/Physical Harm

• Legal Frameworks:

  • Spanish Criminal Code: Lists offenses against the person, emphasizing attempted murder, injuries, aggravated injuries, and common assault.

  • Distinctions between various forms of assaults.

Page 9: Traditional Injury Definition

• Traditional Injury: Affects bodily integrity, requiring medical assistance beyond initial help.

• Indeterminate Means: Crimes caused by various methods, demanding specific healing conditions.

• Medical vs Surgical Treatment: Defines what constitutes medical interventions and their implications on legal culpability.

Page 10: Aggravated Injuries

• Criteria: Factors that elevate the severity of an injury include:

  • Use of dangerous means.

  • Cruelty or treachery.

  • Characteristics of the victim (e.g., age, vulnerability).

Page 11: Dangerous Means

• Involves the use of instruments or methods that pose a significant threat to life or health.

• Evaluation of how dangerous instruments are used is essential for aggravation.

Page 12: Cruelty or Treachery

• Cruelty: Inflicting unnecessary suffering during the commission of harm.

• Treachery: Ensuring that the victim cannot defend against the act, enhancing culpability.

Page 13: Vulnerable Victims

• Under 12 or Incapacitated: Consideration for victims lacking defense capability.

• Coexistence Requirement: Special categories of vulnerability affecting legal decisions.

Page 14: Domestic Violence Considerations

• Gender Context: Additional legal weights when violence is against a current or former intimate partner, especially women.

Page 15: Injuries Aggravated by Result

• Severe Outcomes: Includes loss of function, sterility, serious deformity, or severe illness as a result of physical harm.

Page 16: Loss of Organ or Member

• Definitions: Identification of what constitutes loss or uselessness in terms of important body parts.

Page 17: Impotence or Sterility

• Definitions: Impotence refers to the inability to achieve sexual function, while sterility inhibits reproduction.

Page 18: Serious Illness & FGM

• Definitions: Serious somatic (body function affecting) or psychological illnesses linked to a crime; inclusion of female genital mutilation.

Page 19: Common Assault

• Assault vs Battery:

  • Assault: Causing fear of unlawful touching.

  • Battery: Actual unlawful application of force.

Page 20: Aggravated Assaults

• Variety of forms: Examples of aggravated assaults with specific intent.

Page 21: GBH

• Wounding Definitions: Differentiations between causing or inflicting GBH using standards of intent and recklessness.

Page 22: Wounding as a Legal Concept

• Definitions: Injury classifications and requirements for GBH.

Page 23: Attempted Murder

• Legal Requirements: Focuses on intent rather than the actual infliction of harm.

Page 24: Domestic Violence Overview

• Broad Definitions: Understanding of domestic violence across jurisdictions, encompassing physical, emotional, and economic abuse.

Page 25: Domestic vs Gender-Based Violence

• Definitions:

  • Domestic Violence: Occurs within family; any member can be a perpetrator or victim.

  • Gender-Based Violence: Stem from discrimination against women.

Page 26: Definitions in Domestic Violence

• Cohabitation Context: Varying criteria for defining victims and offenders in different jurisdictions.

Page 27: Offenders and Punishment

• Penalties: Range from imprisonment to community service, including therapy as rehabilitation.

Page 28: Victims of Domestic Violence

• Protection Mechanisms: The ability to secure protection orders and access specialized support services.

Page 29: Gender-Based Violence Statistics

• Global Data: Significant proportion of women face varying degrees of violence.

Page 30: EU Definitions on Violence Against Women

• Legal Definitions: Comprehensive discussion of violence against women within family and domestic contexts.

Page 31: EU Criminal Provisions

• New Directives: Addresses harmful acts such as female genital mutilation and cyber-violence.

Page 32: Victim Reporting and Protection

• Safe Channels: Legal provisions to report violence, especially for children.

Page 33: Investigation Protocols

• Law Enforcement Duties: Responsibilities in investigating crimes of domestic violence efficiently.

Page 34: Special Support Services for Victims

• Availability: Ensuring specialized support services for victims' recovery and needs.

Page 35: Promoting Consent

• Awareness Initiatives: Campaigns and trainings aimed at changing societal perceptions about consent and violence.

Page 36: Gender-Based Violence Legal Framework in Spain

• Protected Rights: Comprehensive protection under Criminal Code for victims in relationships.

Page 37: Protection Against Injury in Spain

• Punitive Measures: Specific rates of punishment based on injury severity and relationship characteristics.

Page 38: Protection Against Threats and Coercion in Spain

• Legal Classifications: Details of legal repercussions for threats and coercion against intimate partners.