Minor Injury Crime In The Peruvian Code of Punishment

In our corpus juris poenale provided for in Article 122 the crime against life, The Body and Health in the form of minor, the same ad pedem litterae states: A person who causes harm to another in the body or health that requires more than ten and less than thirty days of care or rest, depending on prescription shall be punished with imprisonment not exceeding two years and sixty to one hundred and fifty days' fine (...). Regulation of that expression, indicate that the crime injunction of injury, is unfair that affects the human person in its organic aspect - structural, meaning by this a detriment to your individual health, namely, that anyone who causes harm injured in the body or health of another, altering their physical structure or impair the functioning of the body of the taxpayer [1]. Remember that not only human life is worthy of protection punitive, for the individual to develop not only requires that vital element, but also capable of being physical and mental conditions, to achieve their personal fulfillment, while able to participate ideal form, in particular socio-economic-cultural, so in the area of ​​the lesions, their material content will be considered under a double standard as follows: both personal characterization of their position in the community life [2].

Dictionary defines injury as the idea that "bodily harm or detriment caused by an injury, a stroke or a disease", a concept that encompasses so richly expressed the various hypotheses that under the "bodily injury" are regulated in different legal systems of the world [3], however, then any injury or harm is bodily harm, that is, an affectation of what is commonly known as individual health, broadly defined as "state in which being normally carries all organic functions. " This concept of health, "intuitively conceived as a complex and multifaceted," is also consistent with the broad of the World Health Organization, proposed after doctors Politoff / Busts / Grisolia, as "a state of complete physical, mental and social, not merely the absence of disease or infirmity "[4].

Important point is the question of our Penal Code, which in its special part, began his systematization crimes against Life, the Body and Health of the people, thereby complying with a valuation approach adopted by the legislature, considering that in people are the main legal interests and the highest values ​​of greater value, providing a set of rules that regulate and protect the unlawful interference of others, that their actions could disrupt the nuclear field and esenciadísima of such subjects of law and as such legal goods is to guard them, so caution is in Title I, on crimes against life, limb and health, in its Title II, Offenses Against Honor, etc.., which are normative sense the legal rights to be protected by a legal democratic and liberal principles with clear what the area code, denoting thereby closely linked to the problem of individual security and safety for collective security. The subject matter protected under this title is not exhausted by the concept person, in simple terms, since the crimes that make up the first title, the person seeking protection in the area of ​​your life and personal integrity.

It should also sit down, that according to our 1991 national punitive body, and according to their subjective criminality, injuries are classified, willful or negligent, bounded by the first intention as directed to produce damage to the health of the victim and that such conduct is not satisfied with mere outward manifestation of the will to injure, by the aggressor, but also requires the production of an effective injury that impairs his physical integrity or physical or mental output, and on the other hand injuries inflicted by the subjective type is set by the potential or actual knowledge that the agent has to make its actions endangered the physical and mental integrity of a person. This must be the harmful outcome was not anticipated, although a person of ordinary diligence in the performance of the author could predict.

Another edge important to address, is legally protected interest relating to this type of crime, adding that through the typical description seeks law to protect the good health of individuals. With the understanding that the ban sought legislatoris mens severe damage in the body or the health of people, taking a comprehensive concept of health, physical appearance and mental [5]. For his part the teacher Donna Alberto, a comprehensive approach, says that the legally protected by this chapter is, without doubt, bodily integrity and health of human beings, protecting the body not only the individual but also health, ie including both the anatomic and physiological, also including not only physical health but also mental [6].

For his part, lawyer meager Berdugo Gómez De La Torre, reports that say that health is the legal, ie very little, in view of the magnitude and complexity involved in these unfair, when purchasing concrete material, when it has to issue typicality criminal trial. Health can be affected and / or impaired, when either of these wrongful acts, however concretely injures one dimension of the legal interest, this is the physiological, physical and / or psychological, but this has not yet define precisely the purpose of punitive protection, ie this triple object is traceable to a single legal right: personal health, considered "the state in which a particular person develops their normal duties, meaning the exercise of a function organ or apparatus, state, moreover, allows participation in a particular social system "[7].

It then has the legal right to protection is guaranteed in the living person, protecting the body and overall health, constitutes "bodily integrity and physical and mental health of the person" so that you can set the Injury is damage to the bodily integrity or physical or mental health of an individual, non-cause death (animus necandi) where the change occurs before body condition, and its result in bodily harm or physical or mental health [8].

The configuration should be considered for criminal materializes in harm to body or health caused by the agent, willful action or the fault, generating a particular pattern of injury, according to the severity or extent of damage in our case We are dealing with the offense of minor injuries, as noted in response, the criterion of magnitude of the damage done. Must be addressed further, that the offense of injury is unique and instantaneous action or inaction results in the production of the damage on the victim, can externalize comisitos mobile anyway.

About the time consumed, the crime of injury occurs at the instant that violates bodily integrity or health of the victim, determining the severity of the injury, by legal medical certificate. The objectification of harmful intent is verified in the motives and circumstances surrounding the adverse action [9].

And therefore we indiacar summing the elements of the offense of minor injuries: a) Existence of a living person who suffers injury, b), the agent intentionally cause (animus laedendi) injury to body or health of the victim c) use of any means commisive d) That the harmful outcome not serious, or endanger the life of the victim; e) a causal link between the injury caused and the result, and f) That the damage to body or health, require more than ten and less than thirty days of care or rest (according to the medical expertise).

By: JOSE ANTONIO DIAZ WALL. jdiazmuro@hotmail.com



[1] CREUS, Carlos. CRIMINAL LAW SPECIAL PART. Volume I. Editorial Astrea. Buenos Aires - Argentina. 1983. Page 71.

[2] FREYRE Peña Cabrera, Raul Alonso. CRIMINAL LAW SPECIAL PART. VOLUME I. Idemsa Editors. November 2008 edition. Lima - Peru. Page 220.

[3] Politoff, Sergio; Mattus, Jean Pierre & RAM? REZ, Mary Cecilia. CRIMINAL LAW LESSONS FROM CHILE. SPECIAL PART. Legal Editorial Chile. Second Edition. In June 2005. Santiago - Chile. Page 111-112.

[4] Politoff, Sergio Bustos, Juan & Grisol? A, Francisco. Chilean criminal law, special part. CRIMES AGAINST THE INDIVIDUAL IN THEIR CONDITIONS F? SICAS, Second Edition, Santiago - Chile 1993. Page 179 et seq.

[5] Garc? TO THE R? O, Flavio. CRIMES AGAINST LIFE AND HEALTH BODY. Legal Issues. First Edition December 2005. Lima - Peru. Page 85-86.

[6] DONNA, Edgardo Alberto. CRIMINAL LAW SPECIAL PART. VOLUME I. Rubinzal - Culzoni Editors. Buenos Aires - Argentina 1999. Page 131.

[7] Berdugo Gomez de la Torre, I. CRIMES AGAINST PERSONAL HEALTH: INJURY. In matters of criminal law. Editorial Cuzco 1993. Lima Peru. Page 222-223.

[8] HARO L? Zaro, Caesar. CRIMINAL LAW TREATY OF SPECIAL PART. VOLUME I. Importers SA Editors AFA. 1999 Edition. P. 140.

[9] Op Cit. Page 141.