Deformidad y grave deformidad en los delitos de lesiones: fundamento, significado, alcance y criterios de diferenciación

Abstract

Subtypes of deformity and severe deformity are among the lesions aggravated by the result. However, the basis of its greater severity is different. Then, in addition to the attack on bodily integrity, the harm to the human dignity is punished in its projection as a right to the personal identity in their relationships with others. On this idea, the meanings of the typical terms deformity and severe deformity are reinterpreted. And the material bases are established in order to legitimize the punitive differentiation between both criminal figures. Finally, under this theoretical conception, the practical assumptions derived from the jurisprudence of the courts and their correction in relation to the application of the criminal law are examined.