23 june 2016

The last modification of 148 Criminal code article was published 31/03/2015 and was implemented on 01/07/2015. It is working for over a year now in our legal system and we are going to explain what legislates, which are the new modifications and real applications.

Criminal code explains criminal injuries: “Whoever, by any means or procedure, causes another an injury that detracts from his bodily integrity or his physical or mental health, shall be convicted of the offence of grievous bodily harm, with a sentence of imprisonment”. A sentence of imprisonment of three months to three years, whenever the injury objectively requires medical or surgical treatment for health purposes, in addition to qualified first aid. So, sentence increase significantly if the injured needs medical aid after the first immediate visit subsequent the accident. Criminal code specifies that “simple qualified surveillance or monitoring of the course of the injury shall not be deemed medical treatment.”

These sentences can get worse with two or five years in prison, in case the harm is caused by a weapon or a life-threaten object, in case of cruelty or premeditation or if the victim is under 12 years old, disabled or vulnerable person who lives with the perpetrator.

There is an specific section for gender violence: sentence will be two or five years in prison “if the victim is or has been the wife, or woman bound to the offender by a similar emotional relation, even when not cohabitating”.  It is important to emphasise that in case of lesions that only need first hospital cares such as in case of assaults with no injuries, a report must be presented by the victim or her/his legal guardian.

Moreover, Article 149 of the Criminal Code adds that if a genital mutilation is caused “by any means or procedure, to forfeit or lose the use of a major organ or limb, or a sense, or sexual impotence, sterility, serious deformity or to suffer a serious physycial or mental illness, shall be punished with a sentence of imprisonment from six to twelve years”.

As we can see after the analysis of these articles, gender violence is collected in the Criminal Code and particular penalties will be stipulated for perpetrators.