First of all, it depends on the severity of the injuries that may be reported to the elderly person. If the prognosis of healing, certified by the Emergency Department or other health facility with certification powers, is not longer than twenty days, the crime of personal injury will be prosecuted only on complaint of part. In other words, because the attacker is punishable, the victim must be present at any police station to denounce the fact and, above all, to explicitly request the punishment of the person responsible by the State (this, in a nutshell, means ‘complain lawsuit’). It goes without saying that, if the lawsuit – in the three months following the fact (maximum deadline) – should not be presented, the guilty party would get away with the beating. In case of any emergency or incident you may always take the legal help from the personal injury lawyer toronto.
The various treatment and the related courses
This is if the lesions found remain below the 20 days of prognosis, without permanent consequences. If, on the other hand, this limit for recovery is exceeded or if particular aggravating circumstances are used, the committed crime would be open to prosecution. Which means that the assailant would be triedand, if found guilty, condemned by the state, even in the absence of a formal complaint – complaint from the elderly lady. That said two further considerations. First of all, the one who beat the old lady could have done so because in turn attacked with the purse, the umbrella or other blunt object: in this case, lawsuit or non-lawsuit, could plead for a legitimate defense, justifying his aggressive behavior.
The legal parameter that helps covering physical attacks
Second. For some time, attacking an elderly person has become a more serious matter than the injury caused to a young person. 61 of the Penal Code, which contains what are called the common aggravating factors, i.e. applicable to all crimes, has introduced (at No. 5) an increase in sentence for the guilty party who has “taken advantage of a person also because of the age “. It follows that beating old people is highly inadvisable, however, today more than yesterday. Voluntary assault and battery is an offense punishable by imprisonment. To find out about the offenses and their sanctions, read the “Crimes ” sheet.
Distinguishing between intentional and unintentional assault
Voluntary assault should be distinguished from unintentional assault (read the “Involuntary injury and injury “form). Willful assault is defined as the act of intentionally inflicting violence on others. Indeed, in order to be able to speak of intentional assault, it is necessary that its author deliberately wished to cause injury to the victim – whether the act was premeditated or not. The law sanctions both physical violence and psychological violence. To find out more about the different forms of violence, read the “Physical Aggression “,” Threat “or” Moral Harassment “fact sheets.