How is battery committed? What can you expect if you are accused of committing battery?
Legal Definition According to the Criminal Code Section 164.
(1) Anyone who infringes upon another person's physical integrity or health commits bodily injury.
(2) If the injury or illness caused by the bodily injury heals within eight days, the perpetrator shall be punished by imprisonment of up to two years for the offense of minor bodily injury.
(3) If the injury or illness takes longer than eight days to heal, the perpetrator shall be punished by imprisonment of up to three years for the offense of serious bodily injury.
(4) The sentence for a felony shall be up to three years of imprisonment if the minor bodily injury is committed:
a) for malicious reasons or with malicious intent,
b) against a person incapable of resisting or expressing will,
c) against a person who is limited in ability to resist due to old age or disability, or
d) in a manner related to the perpetrator consuming drugs prior to the act.
(5) The punishment may be imprisonment of one to five years if the minor bodily injury results in permanent disability or severe health deterioration.
(6) The punishment may be imprisonment of one to five years if the serious bodily injury is committed:
a) for malicious reasons or with malicious intent,
b) against a person unable to defend or express will,
c) against a person limited in ability to resist due to old age or disability,
d) causing permanent disability or severe health deterioration,
e) committed with particular cruelty, or
f) when the perpetrator consumed drugs beforehand in a manner related to the act.
(7) Anyone who commits preparation for the criminal offense specified in (3) or (6) shall be punished by imprisonment of up to one year for a misdemeanor.
(8) The punishment ranges from two to eight years of imprisonment if the bodily injury endangers life or causes death.
(9) Anyone who commits serious bodily injury negligently shall be punished by:
a) up to one year for the cases specified in (3),
b) up to three years for cases specified in (6) points b)–c),
c) one to five years if the injury endangers life.
(10) The crime specified in paragraph (2) can only be prosecuted upon private prosecution.
Structure of the Offense's Definition
The protected legal object of the offense is the societal interest in safeguarding another person's physical integrity and health. Bodily injury has two basic forms: minor and serious bodily injury. These distinctions are based on the severity of the outcome.
How is Bodily Injury Committed?
The offense has an open legislative scope, meaning any conduct capable of causing injury or illness can constitute the offense. The result of the offense is the infringement of physical or health integrity.
Infringement of physical integrity includes actions that damage body parts or organs. Violation of health involves disrupting the physiological functions of organs or tissues.
For classification, the actual healing duration is key: if the healing takes up to eight days, it is minor bodily injury; if it exceeds eight days, it qualifies as serious bodily injury. Determining the healing period is a medical expert’s professional matter.
Furthermore, there must be a causal link between the conduct (infringement of bodily integrity or health) and the result (injury or disease).
What Are the Qualifying Circumstances?
Committing bodily injury for malicious reasons or with malicious intent is a shared qualificatory circumstance for both minor and serious injuries.
Bodily injury against a person unable to defend themselves or express will, whether permanently or temporarily, is also a qualifying factor. A person incapable of expressing will cannot do so due to conditions like intoxication, sleep, or unconsciousness.
Serious bodily injury is more severely punished if committed under certain circumstances, such as against a person with limited capacity due to old age or disability, causing permanent disability or severe health deterioration, with particular cruelty, or after drug consumption related to the act.
Preparation for the Offense
Preparation for the offense described in (3) or (6) is punishable by up to one year of imprisonment as a misdemeanor.
Injuries Endangering Life or Causing Death
The existence of life-threatening injury is a question for expert evidence in a criminal proceeding. This applies when the injury initiates a process that could lead to death but could potentially be halted, allowing for the possible prevention of death.
In determining whether an injury caused death, the key factor is the perpetrator's intent. If the intention was only to cause bodily injury, but death was not causally linked, the offender cannot be prosecuted for causing death but may face charges for causing severe or life-threatening injury.
This form of bodily injury can only be committed intentionally, meaning the act must be deliberate, but the death caused by the act must result from the perpetrator's negligence to qualify as causing death. In other words, intentional intent is required for the injury, but the death can occur as a result of negligence in a qualifying case.
What to Watch Out for in Cases of Minor Bodily Injury?
Minor bodily injury can only be prosecuted upon private complaint. The victim must file the complaint within one month from the day they became aware of the offense. Without a valid private complaint, criminal proceedings cannot be initiated.
Have criminal proceedings been initiated against you? Are you accused of bodily injury? Would you like to file a complaint?
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