CRIMINAL LAW AND CRIMINAL PROCEDURE: Analysis and Differences of the Criminal Offenses of Minor, Serious, Very Serious, and Negligent Injuries in the Bolivian Penal Code.

CRIMINAL LAWCRIMINAL PROCEDURE

9/15/20244 min read

In relation to injuries, the Bolivian Penal Code, within the framework of protecting bodily integrity as a protected legal asset, establishes clear criteria to differentiate between minor, serious, very serious, and negligent injuries. The primary distinction lies in the imposition of the penalty and the type of penalty, which in turn is conditioned by the severity of the injury inflicted by the aggressor on the victim. Injuries have physical, psychological, and social consequences, and a good legal defense is crucial to guarantee the rights of victims.

In an anticipatory solution, we emphasize the need to have good legal advice and professional representation by a law firm specializing in this type of crime. A comprehensive and timely defense by more than one lawyer is essential to protect the victims' rights and ensure possible full compensation for the harm suffered.

The types of criminal offenses of minor, serious, very serious, and negligent injuries are included in the chapter dedicated to crimes against bodily integrity and health in the Bolivian Penal Code. These legal provisions aim to protect the physical integrity of individuals by sanctioning acts that threaten this fundamental legal asset. It is important to identify, recognize, and differentiate the scope of each of these offenses and their characteristics to correctly classify the facts and, in turn, properly report them to the police or prosecutor's office. Moreover, taking necessary measures to prevent and combat them is essential, as the crime of injury is defined, conceptualized, and structured as a reproachable conduct that threatens the physical and mental integrity of individuals.

The crime of very serious injuries requires certain elements for its configuration that are essential to aggravate the offense and differentiate it from serious and minor injuries. In this sense, Article 270 of the Penal Code defines the scope of the crime of very serious injuries, whose characteristics, in terms of aggravating factors, are clearly outlined in its content related to practically irreparable harm, or, in the alternative, when the medical-legal incapacity caused by the injury to the victim exceeds 90 days. The law sanctions all such acts with prison sentences under the following legal framework: "... Whoever, in any way, causes another person an injury resulting in any of the following consequences, shall be punished with imprisonment from five (5) to twelve (12) years: 1. Physical, intellectual, sensory, or multiple disability. 2. Permanent psychological or psychiatric damage. 3. Permanent weakening of health or total or partial loss of a sense, limb, organ, or function. 4. Permanent incapacity to work, or incapacity exceeding ninety (90) days. 5. Permanent scar or deformity in any part of the body. 6. Imminent danger of losing life." When the victim is a girl, boy, adolescent or elderly person, the penalty will be aggravated by two thirds in both the minimum and the maximum.”

Now, in the same legal text, Article 271 criminalizes serious and minor injuries, with the difference in terms of mitigation depending on the days of incapacity that support the injury. This, in turn, limits the imposition of the penalty, which, at its maximum, only includes a prison sentence when the days of incapacity range from 15 to 90 days. When the injuries do not fall within the damages described in the very serious injury offense, and when the incapacity is merely 14 days or less, the aggressor will only be assigned community service. The legal framework states: "Whoever, in any way, causes another person physical or psychological damage, not covered by the previous article, resulting in incapacity for work from fifteen (15) to ninety (90) days, shall be punished with imprisonment from three (3) to six (6) years. If the incapacity is up to fourteen (14) days, the offender shall be imposed a penalty of community service from one (1) to three (3) years and compliance with instructions determined by the judge. When the victim is a girl, boy, adolescent or elderly person, the penalty will be aggravated by two thirds in both the minimum and the maximum.”

Regarding the offenses mentioned, the Penal Code, in Article 272, establishes a series of general aggravating factors as follows: "In the cases of Articles 267 bis, 270, and 271, the penalty will be aggravated by one-third of the maximum or minimum when the circumstances listed in Article 252 (Murder) apply, except for that provided in numeral 1."

It should be noted that the previously described crimes only contemplate the intentional modality, expressed in the intent to cause an injury or harm. However, our Penal Code also provides for the negligent modality in Article 274, when there is no intention to commit the act, or due to a lack of foresight regarding the objective duty of care, as stated in the text: "... Whoever negligently causes any of the injuries provided in this chapter to another person, shall be punished with a fine up to two hundred forty (240) days or with community service up to one (1) year. If the victim is a child, adolescent, or elderly person, a custodial sentence from two (2) to four (4) years shall be applied." Both intentional and negligent injuries require an investigation that may result in the conviction of the aggressor, which would allow the victim to pursue civil reparation for the damage caused.

In conclusion, the criminal offenses of injuries described and developed above apply more than just a sanction or punitive penalty to the aggressor; they safeguard and protect universal and fundamental rights such as life and bodily integrity, recognized in our Political Constitution of the State in Article 7. Additionally, they enjoy international protection under the Universal Declaration of Human Rights – the Pact of San José of Costa Rica, which, among its guiding principles, protects and safeguards life as the primary right above all others. Thus, Articles 270, 271, and 274 of the Bolivian Penal Code constitute a fundamental tool for protecting the physical integrity of individuals by punishing injuries in general. These legal provisions aim to deter the commission of such acts and ensure the reparation of damage caused to victims. However, it is important to highlight that the fight against violence in all its forms requires a comprehensive approach that includes not only criminal sanctions but also prevention measures and victim support.

José Cristian Quinteros Ribera
Lawyer