Crime of injury

This section includes a series of conducts whose main characteristic is that they directly affect the bodily integrity or health, physical or mental, of persons. These conducts are considered as criminal acts, whether or not they require medical or surgical treatment. The protected legal right is, therefore, the bodily integrity and physical or mental health of the unborn child (injuries to the fetus are expressly criminalized in the following Title IV, in articles 157 and 158).

These offenses are found in Book II, Title III, Articles 147 to 156 quinquies.

The basic type of the crime of injury is provided for in the first article 147:

Whoever, by any means or procedure, causes an injury to another that undermines his bodily integrity or his physical or mental health, shall be punished, as a defendant of the crime of injury, with a prison sentence of three months to three years or a fine of six to twelve months, provided that the injury objectively requires medical or surgical treatment for its healing, in addition to an initial medical assistance. The simple surveillance or medical follow-up of the course of the injury shall not be considered medical treatment.

• Whoever, by any means or procedure, causes an injury to another person not included in the preceding paragraph, shall be punished with a fine of one to three months.
• Whoever hits or mistreats another person without causing injury, shall be punished with a fine of one to two months.
• The offenses provided for in the two preceding paragraphs may only be prosecuted by means of a complaint by the aggrieved person or his legal representative.

This is a crime in which legal assistance is essential from the outset, to ensure the parallel intervention of a doctor who examines the affected person, since the existence of an expert report and its ratification in court will be the one that will prove the seriousness of the injuries and, where appropriate, the sequelae, and consequently, the determination of the penalty and the civil liability to be established as compensation.

Article 148.
The injuries described in paragraph 1 of the preceding article may be punished with imprisonment for two to five years, depending on the resulting harm or the risk posed:
1º. If weapons, instruments, objects, means, methods, or forms specifically dangerous to the life or physical or mental health of the injured party were used in the assault.

2º. If the assault was committed with cruelty or treachery.

3º. If the victim is under fourteen years of age or a person with a disability requiring special protection.

4º. If the victim is or was the spouse, or a woman who is or was in a similar relationship of affection with the perpetrator, even without cohabitation.

5º. If the victim is a particularly vulnerable person who lives with the perpetrator.

Article 149.
1. Anyone who causes another person, by any means or procedure, the loss or impairment of a principal organ or limb, or of a sense, impotence, sterility, a serious deformity, or a serious physical or mental illness, shall be punished with imprisonment for six to twelve years.

2. Anyone who causes another person genital mutilation in any of its forms shall be punished with imprisonment for six to twelve years. If the victim is a minor or a person with a disability in need of special protection, the penalty of special disqualification from exercising parental authority, guardianship, curatorship, custody, or foster care for a period of four to ten years shall be applicable, if the judge deems it appropriate in the best interests of the minor or person with a disability in need of special protection.

Article 150.
Anyone who causes another person the loss or impairment of a non-essential organ or limb, or disfigurement, shall be punished with imprisonment for three to six years.

Article 151.

Incitement, conspiracy, and solicitation to commit the crimes stipulated in the preceding articles of this Title shall be punished with a penalty one or two degrees lower than that of the corresponding crime.

Article 152.
1. Anyone who, through gross negligence, causes any of the injuries specified in the preceding articles shall be punished, taking into account the risk created and the resulting harm:
1. With imprisonment for three to six months or a fine of six to eighteen months, if the injuries are those described in paragraph 1 of Article 147.
2. With imprisonment for one to three years, if the injuries are those described in Article 149.
3. With imprisonment for six months to two years, if the injuries are those described in Article 150.
If the acts were committed using a motor vehicle or moped, the penalty of disqualification from driving motor vehicles and mopeds for one to four years shall also be imposed. For the purposes of this paragraph, driving in which the presence of any of the circumstances provided for in Article 379 led to the occurrence of the act shall in all cases be considered gross negligence.

If the injuries were caused using a firearm, the offender shall also be subject to the penalty of disqualification from carrying or possessing firearms for a period of one to four years.

If the injuries were caused by professional negligence, the offender shall also be subject to the penalty of special disqualification from practicing the profession, trade, or office for a period of six months to four years.

2. Anyone who, through less serious negligence, causes any of the injuries referred to in Article 147.1 shall be punished with a fine of one to two months, and if the injuries referred to in Articles 149 and 150 are caused, the offender shall be punished with a fine of three to twelve months.

If the acts were committed using a motor vehicle or moped, the offender shall also be subject to the penalty of disqualification from driving motor vehicles and mopeds for a period of three to eighteen months. For the purposes of this section, any negligence not classified as serious shall be considered less serious if the commission of a serious traffic, vehicle circulation, or road safety violation was a determining factor in the occurrence of the incident. The assessment of whether or not such a factor was a determining factor must be made in a reasoned decision.

If the injuries were caused using a firearm, the penalty of disqualification from carrying or possessing firearms for a period of three months to one year may also be imposed.

The offense provided for in this section shall only be prosecuted upon complaint by the injured party or their legal representative.

Article 152 bis.

 In the cases provided for in paragraph 1 of the preceding article, the Judge or Court may, with due justification, impose a higher penalty by one degree, to the extent deemed appropriate, if the act is of notorious gravity, taking into account the singular nature and significance of the risk created and the breached legal duty of care, and has caused injuries constituting an offense under Article 152.1.2 or 3 to multiple persons, and by two degrees if the number of injured parties is very high.

Article 153.

1. Anyone who, by any means or procedure, causes another person psychological harm or a less serious injury as defined in paragraph 2 of Article 147, or strikes or physically abuses another without causing injury, when the victim is or has been the perpetrator's spouse, or a woman who is or has been in a similar relationship of affection with the perpetrator, even without cohabitation, or a particularly vulnerable person who lives with the perpetrator, shall be punished with imprisonment for six months to one year or community service for thirty-one to eighty days and, in all cases, deprivation of the right to possess and carry firearms for one year and one day to three years, as well as, when the judge or court deems it appropriate in the best interests of the minor or person with a disability in need of special protection, disqualification from exercising parental authority, guardianship, curatorship, custody, or foster care for up to five years.
2. If the victim of the crime described in the preceding paragraph is one of the persons referred to in Article 173.2, excluding those mentioned in the preceding paragraph of this article, the perpetrator shall be punished with imprisonment for three months to one year or community service for thirty-one to eighty days and, in all cases, deprivation of the right to possess and carry firearms for one year and one day to three years, as well as, when the Judge or Court deems it appropriate in the best interests of the minor or person with a disability in need of special protection, disqualification from exercising parental authority, guardianship, curatorship, custody, or foster care for six months to three years. 

3. The penalties provided for in paragraphs 1 and 2 shall be increased by half when the offense is committed in the presence of minors, or using weapons, or takes place in the shared residence or the victim's residence, or is committed in violation of a penalty stipulated in Article 48 of this Code or a precautionary or security measure of the same nature.

4. Notwithstanding the provisions of the preceding paragraphs, the Judge or Court, stating the reasons for doing so in the judgment, may, taking into account the personal circumstances of the perpetrator and the circumstances surrounding the commission of the act, impose a lesser penalty.

Article 154.

Those who engage in a fight, attacking each other tumultuously, and using means or instruments that endanger the life or physical integrity of persons, shall be punished for their participation in the fight with imprisonment for three months to one year or a fine of six to 24 months.

Article 155.

In cases of bodily harm, if the victim has given valid, free, spontaneous, and express consent, the penalty shall be reduced by one or two degrees.

Consent given by a minor or a person with a disability requiring special protection shall not be valid.

Article 156.

Notwithstanding the provisions of the preceding article, valid, free, conscious, and express consent exempts from criminal liability in cases of organ transplantation performed in accordance with the law, sterilizations, and transgender surgery performed by a medical professional, unless the consent was obtained improperly, or through payment or reward, or the person giving consent is a minor or completely incapable of giving it, in which case the consent given by them or their legal representatives shall not be valid.

Article 156 bis.

1. Those who in any way promote, facilitate, advertise, or carry out trafficking in human organs shall be punished with imprisonment for six to twelve years in the case of organs from a living person and for three to six years in the case of organs from a deceased person.

For these purposes, trafficking in human organs shall be understood to mean:

a) The unlawful extraction or obtaining of human organs from another person. Such extraction or obtaining shall be unlawful if it occurs under any of the following circumstances:

1. That it has been carried out without the free, informed, and express consent of the living donor in the manner and with the requirements legally established;
2. that it was carried out without the necessary authorization required by law in the case of a deceased donor;
3. that, in exchange for the extraction or obtaining, for personal or third-party benefit, the donor or a third party, directly or through an intermediary, requests or receives any gift or remuneration of any kind.
4. Accepting an offer or promise. Reimbursement for expenses or loss of income resulting from the donation shall not be considered a gift or remuneration.

b) The preparation, preservation, storage, transport, transfer, receipt, import, or export of illegally harvested organs.

c) The use of illegally harvested organs for the purpose of transplantation or for other purposes.

2. Likewise, those who, for their own benefit or that of another, shall be punished:

a) solicit or receive, directly or through an intermediary, a gift or remuneration of any kind, or accept an offer or promise to propose or recruit an organ donor or recipient;

(b) offer or deliver, directly or through an intermediary, any gift or remuneration of any kind to medical personnel, public officials, or private individuals in connection with the exercise of their profession or position in public or private clinics, establishments, or consulting rooms, for the purpose of carrying out or facilitating the illicit extraction or obtaining, or the implantation, of illicitly extracted organs.

3. If the organ recipient consents to the transplant knowing its illicit origin, they shall be punished with the same penalties provided for in paragraph 1, which may be reduced by one or two degrees depending on the circumstances of the act and the offender.
4. The penalties shall be one degree higher than those provided for in paragraph 1 when:

(a) the life or physical or mental integrity of the victim of the crime has been seriously endangered.

(b) the victim is a minor or especially vulnerable due to age, disability, illness, or situation. If both circumstances are present, the penalty will be increased by half.

5. Any healthcare professional, public official, or private individual who, in the course of their professional duties or employment, engages in the conduct described in sections 1 and 2 in public or private centers, or solicits or receives the bribe or remuneration referred to in subsection (b) of the latter section, or accepts an offer or promise to receive such a bribe or remuneration, will be subject to the next higher penalty specified therein and, in addition, to special disqualification from public employment or office, profession or trade, from practicing any healthcare profession, or from providing services of any kind in public or private clinics, establishments, or consulting rooms, for the duration of the sentence. If any of the circumstances provided for in section 4 are also present, the penalties will be increased by half.

For the purposes of this article, the term "healthcare professional" includes physicians, nursing staff, and any other person who performs a healthcare or social care activity. 6. The penalty shall be increased by one degree to that provided for in paragraph 1, and the offender shall be subject to special disqualification from any profession, trade, industry, or business for the duration of the sentence, when the offender belongs to a criminal organization or group dedicated to carrying out such activities. If any of the circumstances provided for in paragraph 4 are present, the penalties shall be imposed in the upper half. If the circumstance provided for in paragraph 5 is present, the penalties indicated therein shall be imposed in their upper half.

When the offenders are the leaders, administrators, or managers of such organizations or groups, they shall be subject to the penalty in its upper half, which may be increased to the next higher degree. In any case, the penalty shall be increased to the next higher degree if any of the circumstances provided for in paragraph 4 or the circumstance provided for in paragraph 5 are present.

7. When, in accordance with the provisions of Article 31 bis, a legal entity is liable for the offenses included in this article, it shall be subject to a fine of three to five times the profit obtained.

Subject to the rules established in Article 66 bis, judges and courts may also impose the penalties set forth in subparagraphs (b) to (g) of paragraph 7 of Article 33.

8. Incitement, conspiracy, and solicitation to commit the offenses provided for in this article shall be punished with a penalty one to two degrees lower than that corresponding, respectively, to the acts provided for in the preceding paragraphs.
9. In any case, the penalties provided for in this article shall be imposed without prejudice to those that may correspond, where applicable, for the offense in Article 177 bis of this Code and other offenses actually committed.
10. Convictions by foreign judges or courts for offenses of the same nature as those provided for in this article shall have the effect of recidivism, unless the criminal record has been expunged or may be expunged under Spanish law.

Article 156 ter.

The distribution or public dissemination via the Internet, telephone, or any other information or communication technology of content specifically intended to promote, encourage, or incite suicide.