The Parameter Analysis of Serious Injury in the Crime of Maltreatment

Abstract

This legal research aims to identify and analyze the representation of injury parameters in maltreatment cases in terms of mediocolegal aspects or the implications of medical science and legal science. In this research, the author uses the normative juridical method. In the conclusion of the discussion that juridically, Article 90 of the Criminal Code has included several circumstances into the definition of serious bodily injury or the definition of “zwaar lichamelijk letsel†as a disease or injury that cannot be expected to heal completely or which poses a danger to life, incapacity to carry out official activities or work on an ongoing basis, loss of use of one of the five senses, paralysis, impairment of common sense for more than four weeks, and miscarriage or death of the fetus in the womb of a woman. Medically, the thing that affects the determination of the qualification of an injury is the anatomical region affected by the trauma. For example, if the neck region is traumatised, even though there is little visible impact, there is a tendency to assign a more severe wound qualification. This is because the neck region contains organs that are vital for life, such as the carotid artery, jugular vein, and respiratory tract. Violence to the face and other areas of the head are also considered factors that contribute to wound qualification.