Intentional infliction of bodily harm
Acts of violence and intentional infliction of bodily harm are prevalent in society. Article 134 of the Penal Code provides for this offense as follows:
1. Any person who intentionally inflicts bodily harm or causes damage to the health of another person, with a bodily injury rate from 11% to 30%, or below 11% but falling under one of the following circumstances, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:
a) Using weapons, explosives, dangerous instruments, or methods capable of endangering many people;
b) Using dangerous acids or hazardous chemicals;
c) Against a person under 16 years of age, a woman known to be pregnant, the elderly, the sick, or others incapable of self-defense;
d) Against his/her grandparents, parents, teachers, or caregivers or medical providers;
đ) Committed in an organized manner;
e) Taking advantage of official positions or powers;
g) While being held in custody, temporary detention, serving a prison sentence, serving a judicial measure of education at a reformatory, or serving an administrative handling measure of compulsory education, reformatory, or compulsory rehabilitation;
h) Hiring another person to inflict bodily harm or committing such act under a contract for hire;
i) With a hooligan nature;
k) Against a person performing official duties or for reasons relating to the victim’s official duties.
2. The offender shall be subject to imprisonment from 02 years to 06 years if committing the offense under one of the following circumstances:
a) Inflicting bodily harm or damage to the health of another person with a bodily injury rate from 31% to 60%;
b) Inflicting bodily harm or damage to the health of two or more persons, each with a bodily injury rate from 11% to 30%;
c) Committing the offense twice or more;
d) Dangerous recidivism;
đ) Inflicting bodily harm or damage to the health of another person with a bodily injury rate from 11% to 30% but falling under one of the circumstances specified in Points a through k, Clause 1 of this Article.
3. The offender shall be subject to imprisonment from 05 years to 10 years if committing the offense under one of the following circumstances:
a) Inflicting bodily harm or damage to the health of another person with a bodily injury rate of 61% or more, unless falling under Point b, Clause 4 of this Article;
b) Inflicting bodily harm or damage to the health of two or more persons, each with a bodily injury rate from 31% to 60%;
c) Inflicting bodily harm or damage to the health of another person with a bodily injury rate from 31% to 60% but falling under one of the circumstances specified in Points a through k, Clause 1 of this Article;
d) Inflicting bodily harm or damage to the health of two or more persons, each with a bodily injury rate from 11% to 30% but falling under one of the circumstances specified in Points a through k, Clause 1 of this Article.
4. The offender shall be subject to imprisonment from 07 years to 14 years if committing the offense under one of the following circumstances:
a) Causing death to a person;
b) Inflicting injury causing facial disfigurement to another person with a bodily injury rate of 61% or more;
c) Inflicting bodily harm or damage to the health of two or more persons, each with a bodily injury rate of 61% or more;
d) Inflicting bodily harm or damage to the health of another person with a bodily injury rate of 61% or more but falling under one of the circumstances specified in Points a through k, Clause 1 of this Article;
đ) Inflicting bodily harm or damage to the health of two or more persons, each with a bodily injury rate from 31% to 60% but falling under one of the circumstances specified in Points a through k, Clause 1 of this Article.
5. The offender shall be subject to imprisonment from 12 years to 20 years or life imprisonment if committing the offense under one of the following circumstances:
a) Causing the death of two or more persons;
b) Inflicting bodily harm or damage to the health of two or more persons, each with a bodily injury rate of 61% or more but falling under one of the circumstances specified in Points a through k, Clause 1 of this Article.
Any person who prepares weapons, explosives, dangerous instruments, dangerous acids, hazardous chemicals, or establishes or participates in a criminal group with the intent to inflict bodily harm or cause damage to the health of another person, shall be subject to non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years.
