- 1 What a personal injury assault complaint entails?
- 2 What does a complaint of assault ensuing during a brawl entail?
- 3 Conclusions
The penalty depends on the severity of the injuries caused. If they are healable in more than 20 days, the offense is prosecuted by the office. When the prescription is triggered.
To insult yourself and verbally offend yourself to move on to the facts (or rather to the hands) takes a moment.
Getting attacked also for trivial reasons especially if you do not use de exclation techniques or do not intend to take a step back.
Although not always an aggression that involves personal injury comes as a result of a fight, or between people accustomed to violence if you read newspapers or articles on the internet unfortunately you will often read simple citizens involved in episodes of violence.
It is easy to read in the local newspapers of episodes in which for no apparent reason or for futile reasons someone puts his hands on another for a parking lot, between neighbors, a queue in the mail, etc.
Not to mention the most serious cases in which, instead of hands, acid or a weapon are used especially in cases of gender-based violence of ex-boyfriends.
What does a complaint entail in these cases?
It depends on the severity of the injuries caused and the means used for the assault itself.
What a personal injury assault complaint entails?
Getting your hands on someone and causing him personal injury carries imprisonment from 6 months to 3 years(Art. 582 cod. pen.).
The offense is prosecuted by office,but if the injuries sustained in the assault are healable within 20 days and there are no aggravating factors, the crime is punishable by filing a lawsuit by the offending person.
What are these aggravatingfactors, or what does a complaint entail for assault with more serious injuries?
Personal injuries become serious when endangering the life of the offending person, have a prognosis of more than 40 days or cause permanent weakening of a sense or organ (e.g. loss of vision or hearing or compromised liver for the violence of aggression). The sentence is imprisonment from 3 to 7 years(Art. 583 code pen.).
Personal injuries are considered to be very serious if the assault results in a number of elements such as:
- a disease certainly or probably unseeded;
- loss of meaning;
- the loss of a limb or its mutilation that makes it useless, the loss of an organ or the inability to procreate or speak;
- permanent deformation or scarring of the face (the typical case of aggression with a knife or acid).
In these cases, what does a complaint for this type of crime entail?
Imprisonment from 6 to 12 years.
In addition to this there are other aggravating circumstances in which the penalty increases from one third to half, such as, if the assault took place for trivial reasons or with premeditation or against a public official.
It increases by a third even if the aggression takes place by means of weapons or corrosive substances (acid, in fact) or by several people (Art. 585 code pen.).
I would like to point out to you that, in the effects of criminal law, weapons are understoodto be:
- those of gunfire and all others whose natural destination is the offense to the person;
- any instrument likely to offend which is absolutely forbidden to port, i.e. without justified reason (e.g. a knuckle-knuckle);
- exploding materials and asphyxiating or blinding gases.
What does a complaint of assault ensuing during a brawl entail?
Two people do not quarrel if one does not want but I understand that when the provocation is insistent, the violent reaction happens and here you find yourself in a brawl of two or more people.
What does the complaint entail in this context?
The penal code punishes anyone who participates in a brawl with a fine of up to 309 euros.
But if during the struggle someone is killed or reports personal injury, the penalty is imprisonment from 3 months to 5 years just for participating in the brawl (Art. 588 code pen.).
The same penalty is applied if the killing or personal injury takes place immediately after the brawl and as a result of it (for example if during the struggle the spirits are sedated but then one goes to look for him a few hours later or chases him to “finish the job”).
The outcome of a complaint is not immediate (years can pass, especially if you get to the Supreme Court) and very often it is at risk as the prescription time is set between 5 and 6 years.
Now the best choice is always to avoid and if you can go away foul, because to find yourself in these situations that you have reasons or wrong means to get into years of legal torment and a waste of money that you have acted wrongly or with reason.
Moreover, the reason when it comes to the law has different “behaviors” to what is common sense.
If you can avoid avoiding,defend yourself only to save your life or that of your loved ones, do not look for problems for useless things, preserve yourself.
If you had to defend yourself and hit the aggressor you have to go and report the incident to avoid a counter-complaint where you appear as the aggressor.
Self Defence is not a game!
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