PENALTY LEVEL FOR CRIME OF DELIBERATE INFLICTION OF BODILY HARM UPON ANOTHER PERSON

Question: Due to a financial dispute, A (30 years old) fought with B (30 years old) and C (25 years old) with hands and feet, without any weapons. B and C beat A, causing injury, the injury assessment was 40%. After the incident, B and C did not visit or compensate A. What crime can B and C be prosecuted for?

Answer:

B and C’s behavior can be prosecuted for criminal liability for ” Deliberate infliction of bodily harm upon another person”.

– Because the criminal acts of B and C caused injury to A with a bodily injury rate of 40%, which is an aggravating circumstance, this case applies Point a, Clause 2, Article 134 of the Penal Code 2015, amended and supplemented in 2017, with a penalty of 02 to 06 years imprisonment.

“Article 134. Crime of intentionally causing injury or harm to the health of another person

2. Committing the crime in one of the following cases shall be punished with imprisonment from 2 years to 6 years:

a) Inflicts injury or harm to the health of others with a bodily harm rate from 31% to 60%;

b) Inflicts injury or harm to the health of 2 or more people with each person having a bodily harm rate from 11% to 30%;

c) Committing the crime 2 or more times;

d) Dangerous recidivism;

dd) Inflicts injury or harm to the health of others with a bodily harm rate from 11% to 30% but falls into one of the cases prescribed in points a through k, Clause 1 of this Article.”