Criminal Lawyers for Basic Injury Offences (Art. 147 CP)

The offence of injuries ("lesiones") is the paradigmatic crime against physical integrity and is regulated in Arts. 147-156 ter of the Spanish Criminal Code. Art. 147 CP contains the basic type and, paradoxically, the most decisive provision: it draws the line between a fine (minor offence, Art. 147.2) and up to three years' prison (less-serious offence, Art. 147.1). The protected legal interest is physical integrity and health, in both bodily and psychic dimensions. Art. 147.1 itself sets the dividing line between minor and basic types: not pain or appearance of the injury, but the objective need for medical or surgical treatment for healing, beyond initial first aid; mere monitoring or follow-up of how the injury heals is not medical treatment.

Forms of Injury

The Code distinguishes several modalities. The basic offence of Art. 147.1 CP requires the injury to need, beyond first aid, medical or surgical treatment: prescribed rehabilitation or physiotherapy, sustained rigid immobilisation, suturing, antibiotic therapy for infection risk, curative psychotherapy. The minor offence of Art. 147.2 CP covers injuries requiring only first aid: wound cleaning, analgesia or simple bandaging. Medically necessary skin suturing is also surgical treatment, even if done in a single session, according to settled Supreme Court case law; the defence can dispute whether it was objectively necessary. Battery without injury (Art. 147.3) punishes the simple slap with no physical result. The qualified types of Art. 148 (use of weapons or dangerous means, cruelty, particularly vulnerable victim, gender violence) allow the court to raise the penalty to 2-5 years, and Arts. 149-150 punish serious injuries (loss of a principal organ, sense, sterility or deformity).

Penalties (Art. 147 CP)

Penalties mirror this structure. The basic offence of Art. 147.1 carries 3 months to 3 years' prison or fine of 6 to 12 months, generates a criminal record cancellable after 2, 3 or 5 years depending on the penalty imposed (Art. 136.1 CP) and, above 2 years of prison, rules out suspension (Art. 80 CP). The minor offence of Art. 147.2 is punished with fine of 1 to 3 months under the day-fine system: at minimum quotas, the sanction is around 180-720€, plus civil liability (compensation for healing days, sequelae and aesthetic damage under Law 35/2015 scale). The minor offence only proceeds upon prior complaint from the victim (Art. 147.4), except in gender or domestic violence where the autonomous regime of Art. 153 CP operates, prosecuted ex officio (prison of 6 months to 1 year, or 3 months to 1 year if the victim is another relative under Art. 173.2, or community service; weapons ban and restraining order).

Defence Strategy

Technical defence rests on four recurring axes. First, the downgrade to a minor offence: expert challenge of the forensic report to evidence that the injury healed only with first aid, not with medical treatment; Art. 147.1 itself excludes mere monitoring or follow-up of how the injury heals, and the defence argues that stitch removal or prescribing analgesics for pain do not constitute medical treatment. Second, self-defence (Art. 20.4 CP) and prior provocation by the victim (mitigating factor of outburst or passion under Art. 21.3 CP), especially useful in mutual fights or reciprocal injuries. Third, the animus laedendi versus animus necandi: where the prosecution seeks to elevate the case to attempted homicide, defence must show that the body part, means and direction only reveal intent to injure. Fourth, the qualified mitigating factors of reparation (Art. 21.5 CP) through early judicial consignment, which may reduce the penalty by one or two degrees.

Current Forensic Practice

In current forensic practice we observe a stricter approach to injuries in contexts of nightlife, youth violence and neighbour disputes, alongside a sustained rise in complaints for psychic injuries treated in specialised consultation. Organic Law 1/2025 on Justice Service Efficiency has reorganised the handling of speedy trials for injuries, and case-law on audiovisual evidence (CCTV, mobiles, body-cams) keeps gaining weight. At Alonso Sala, our criminal lawyers in injury offences intervene from the first legal assistance at the police station or hospital, articulate proprietary medical expertise, challenge the medical report when it overstates treatment, negotiate reduced pleas and, where appropriate, manage reparation mitigating factors. We handle each file with the diligence required in a field where a wrong classification can turn a fine into effective imprisonment.