Injury crimes and the temporary incapacity for work: A critique
Author
dc.contributor.author
González Martínez, Sebastián
Author
dc.contributor.author
Beauthier, Jean-Pol
Admission date
dc.date.accessioned
2020-05-25T13:29:59Z
Available date
dc.date.available
2020-05-25T13:29:59Z
Publication date
dc.date.issued
2020
Cita de ítem
dc.identifier.citation
Aggression and Violent Behavior 51: (2020) 101390
es_ES
Identifier
dc.identifier.other
10.1016/j.avb.2020.101390
Identifier
dc.identifier.uri
https://repositorio.uchile.cl/handle/2250/174918
Abstract
dc.description.abstract
The duration of a victim's incapacity for work is a factor in sentencing for violent crimes in countries that are heirs to eighteen-century European penal codes. In this article, we consider pitfalls of this criterion. A major issue is the poor correlation between the criminal intent, the criminal act and the outcome of the injury. Furthermore, external factors unrelated to the aggression often contribute to punishment decisions under these systems. As an alternative, we highlight recent changes to the penal code in Spain. The Spanish system has replaced incapacity for work with a different health-related criterion for sentencing in personal injury cases. We argue that this approach places a greater focus on protection of bodily integrity that is more consistent with the ostensible intentions of laws against personal violence.