Anonymised case study
Partner-related injuries: provisional dismissal for insufficient evidence
In the context of a couple's relationship, injuries were investigated. The judicial body valued the statements and evidence available.
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Injuries and assault: defence and compensation
Medical testing and context matter.
We review the attributed facts, medical parts, treatment and evidence available. We also analyze the civil liability and, where appropriate, the circumstances of self-defence or other causes of exclusion or modification of liability.
What should be reviewed?
The need for medical or surgical treatment, outcome and context influence the qualification. A proven injury and the proven attribution of its authorship should not be confused. Unwise modalities have their own requirements.
What can you prepare?
- Part of medical care and development
- Citation, denunciation or reporting
- Original photographs and recordings
- Data from potential witnesses
Understanding to Decide
Related legal terms
NegligenceSelf-defenceTreachery in the commission of an offenceDeliberate infliction of unnecessary sufferingCivil liability arising from an offenceBodily injuryPrivate prosecution by the victimReporting an offencePreliminary investigative proceedingsAbbreviated criminal procedureTrial hearingWitness reporting information received from othersCivil claim within criminal proceedingsAcquittal
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Anonymised case study
Injuries: acquittal because participation was not proved
One person was accused of causing injury. The existence of the assault and the identification of its perpetrator should be examined separately.
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Partner-related injuries: insufficient evidence of their cause
In a trial for alleged intimate partner injuries, injuries and testimony were examined about an incident. The accused exercised their right not to testify.
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Minor injuries: acquittal after the accusations were withdrawn
An incident involving several persons was prosecuted as a possible minor offence of injury. There should be an indictment in the trial that upheld the claim of conviction.
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Injuries: reparation of harm in sentencing
In a couple ' s injury trial, the facts, evidence and circumstances that might influence the sentence were discussed.
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Criteria related to this service
Supreme Court · Second Room · 2024
A dog attack and the duty of care
The court found gross negligence where a potentially dangerous dog, loose and without a muzzle, injured a child. It considered the duty to control the animal and the known risk to others.
ECLI:ES:TS:2024:3623
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A stampede and negligent injury
The Supreme Court upheld negligent-injury convictions arising from conduct in a metro carriage that caused passengers to flee. It examined the danger created and the injuries suffered during the stampede.
ECLI:ES:TS:2023:4881
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Injury during firearms instruction
The Supreme Court upheld an instructor’s conviction for gross negligence after live ammunition was used in a demonstration and a student was injured. It examined the omitted firearms safety checks.
ECLI:ES:TS:2022:2543
Read moreAnswers to guide you
Questions and answers about this service
19 Brief answers with references to official regulations.
What is the difference between a mild injury and a 147.1 article injury?
Among other things, the objective need for medical or surgical treatment, in addition to first assistance, is important. It does not depend only on the days of healing.
Spanish Criminal Code · art. 147
Consult this service ↗See FAQ ↗Is the first medical assistance sufficient for a crime of injury with treatment?
Not on its own. The type requires additional medical or surgical treatment; simple monitoring or monitoring of evolution is not considered treatment for this purpose.
Spanish Criminal Code · art. 147
Consult this service ↗See FAQ ↗Could there be a crime without a visible wound?
Yeah. There may be physical abuse without injury or an accredited psychic injury. The absence of marks does not determine the file by itself.
Spanish Criminal Code · art. 147
Consult this service ↗See FAQ ↗Can stitches be relevant to the rating?
Yeah. The really necessary and documented health action needs to be examined. The rating is not decided just by how the part is called.
Spanish Criminal Code · art. 147
Consult this service ↗See FAQ ↗Is using a knife always aggravating the injury?
The use of dangerous instruments can integrate an aggravated subtype, taking into account the risk and outcome of the case. Not applicable without checking your requirements.
Spanish Criminal Code · art. 148
Consult this service ↗See FAQ ↗See the remaining questions
What happens if the victim loses an organ or has a serious sequelae?
Specific types of serious injury may be applied. They import the functional entity of the damage and its medical accreditation, in addition to the imputation to the author.
Consult this service ↗See FAQ ↗Can a psychological injury be a crime?
Yes, when there is a criminally relevant impairment of mental health and the requirements of the type are tested. Expertise can be decisive.
Consult this service ↗See FAQ ↗Is it necessary to report all minor injuries personally?
The modalities of sections 2 and 3 of article 147 require a complaint from the aggrieved person or his representative, without confusing them with special family offences.
Consult this service ↗See FAQ ↗Can there be reckless injuries?
Yeah. The Spanish Criminal Code includes injury caused by negligence in the expected scenarios. The duty of unfulfilled care, the result and its connection must be established.
Spanish Criminal Code · art. 152
Consult this service ↗See FAQ ↗Can I answer criminally for my dog's attack?
It can occur if a criminally relevant lack of care causes injury and the legal requirements are met. The mere status of owner does not resolve all liability.
Spanish Criminal Code · art. 152
Consult this service ↗See FAQ ↗Can I plead self-defence if I was hit first?
It can be studied. It demands illegitimate aggression, rational necessity of the environment and lack of sufficient provocation; it does not legitimize any subsequent retaliation.
Spanish Criminal Code · art. 20
Consult this service ↗See FAQ ↗Does a mutually accepted fight exclude the crime?
No. The assaults, injuries and participation of each person must be individualized. Reciprocity does not automatically eliminate responsibility.
Spanish Criminal Code · art. 147
Consult this service ↗See FAQ ↗Do I have the right to claim rehabilitation expenses?
The necessary costs related to the damage may be claimed, provided that they are established. Compensation may include other notions of injury.
Consult this service ↗See FAQ ↗Can the scar lead to compensation?
Yes, if it constitutes a proven sequel caused by the facts. Your assessment requires taking into account the specific characteristics and the evidence available.
Spanish Criminal Code · art. 110
Consult this service ↗See FAQ ↗Can paying compensation before trial influence?
Repair or reduction of damage before trial may be mitigating circumstance if the requirements are met. Neither acquittal is guaranteed.
Spanish Criminal Code · art. 21
Consult this service ↗See FAQ ↗Do I need a forensic report besides the emergency part?
The initial part is useful, but a forensic assessment of treatment, evolution and sequelae may be necessary. The right test depends on what was discussed.
Spanish Criminal Procedure Act · art. 456
Consult this service ↗See FAQ ↗Can an injury be investigated even if the offender is not identified at first?
Yeah. Steps can be taken to identify the person responsible. Descriptions, witnesses and other verifiable data should be provided without insecure identification.
Spanish Criminal Procedure Act · art. 299
Consult this service ↗See FAQ ↗Does signing a private agreement put an end to criminal proceedings?
Not necessarily. The effect depends on the crime, its persecution regime and court decisions. An agreement on compensation does not always erase the criminal liability.
Spanish Criminal Code · art. 130
Consult this service ↗See FAQ ↗What should I keep after an assault?
Medical parts, clinical evolution, original photographs, expenses and witness data help document the damage and its relationship to the facts.
Consult this service ↗See FAQ ↗Related case law
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STC 108/2024: Repeal a judgment of acquittal
Violation of the rights to effective judicial protection (resolution based on law) and the presumption of innocence: STC 72/2024 (revocation of judgment of acquittal based...
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STC 105/2024: Investigation of prison injuries
Violation of the right to effective judicial protection, in relation to the right to physical and moral integrity: insufficient investigation of a complaint of injuries and ill-treatment.
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STC 48/2024: mitigating circumstance of undue delay
Violation of the right to effective judicial protection in relation to the right not to be discriminated against on the basis of sex: application as a qualified person of the circumstances ...
Read moreEstimate temporary-injury components ↗
Injuries and assault in Spain: preserving evidence
Read transcript
After an assault, does a medical report tell the whole story? It records injuries, but the circumstances and the identity of those involved must also be examined.
Medical attention comes first. Keep reports and records of recovery. Note possible witnesses and preserve original messages and files. If a recording may exist, seek prompt advice about having it preserved through an appropriate procedure.
The criminal assessment does not depend only on a photograph or the number of days of recovery. Treatment, circumstances and evidence identifying the person responsible all matter. Self-defence is not assumed: its legal requirements need careful review. Any compensation claim also needs supporting documents.
At penal.info, we can prepare a defence or assess a claim. For your consultation, organise medical records, expenses and a timeline, without altering evidence or assuming an outcome.
Book an appointment with María Morales at penal.info.