Incapacidad médico-legal: what it is and how it is set
- Method
The number of days the expert estimates the harm from an injury lasts; it is not the work sick leave issued by the insurer.
What it is
The medico-legal incapacity (incapacidad médico-legal) expresses in days the harm «consisting of incapacity to work or illness» of article 112 of the Penal Code. The expert sets it according to the nature of the injury, its treatment and its actual or expected course. It is not the same as the work incapacity, the certificate the treating doctor issues for work and benefits, even though both start from the same injury. It can be provisional, when the injury is still evolving and a new exam is scheduled, or definitive. Its days place the offence in one of the bands of article 112 and, together with the absence of sequelae, decide whether prosecution needs a complaint by the victim (querella).
Accuracy and limits
- It is an expert estimate, not an exact measure: the report must give the reasoning so it can be defended at trial.
- The definitive medico-legal incapacity must be causally linked to the facts under investigation (Supreme Court of Justice, SP1864-2021).
- Previous injuries or diseases can prolong recovery: the expert separates what belongs to the event.
- Under Law 906 (art. 74), injuries without sequelae and up to 60 days of incapacity need a victim's complaint, except in flagrante cases, a victim who is a minor or legally incapable, or violence against women.
What it is based on
- Article 112 of the Penal Code grades the penalty by the days of incapacity to work or illness: up to 30, 31 to 90 and more than 90.
- The expert estimates the time the injury needs to heal or stabilise, by its type, extent, complications and treatment.
- The assessment is individual: two similar injuries may give different days if their course differs (infection, surgery, comorbidity).
- If the injury leaves lasting harm, sequelae are stated in addition to the days (arts. 113 to 116).
How it is applied
- Examine the injury and review the clinical record, procedures and imaging.
- Estimate the days of harm from the type of injury and its actual or expected course.
- If the injury is still evolving, give a provisional incapacity and set the date of the new exam.
- At follow-up, confirm or adjust the days and give the definitive incapacity.
- State whether sequelae remain and of what kind, or leave them pending if they cannot yet be assessed.
Bands of article 112 of the Penal Code and the victim's complaint
| Days of medico-legal incapacity | Paragraph of art. 112 | Complaint needed if no sequelae (Law 906, art. 74) |
|---|---|---|
| Up to 30 | Paragraph 1 | Yes, except as listed in the article's exceptions |
| 31 to 60 | Paragraph 2 | Yes, except as listed in the article's exceptions |
| 61 to 90 | Paragraph 2 | No |
| More than 90 | Paragraph 3 | No |
Next step: what to do and document
- Write the days in figures and words and state whether they are provisional or definitive.
- Explain in the analysis what the figure is based on: type of injury, treatment and course.
- If provisional, schedule a new exam and record it in the report.
- For work incapacity, use the ordinary medical certificate: it is a different document with a different purpose.
- Official text checked on 2026-11-05 at funcionpublica.gov.co and cortesuprema.gov.co.
Common mistakes
- Confusing it with work incapacity or copying the days from the insurer's certificate.
- Adjusting the days to the victim's occupation instead of to the injury.
- Giving a definitive incapacity at the first exam of an injury that is still evolving.
Test yourself
Think of the answer, then tap the question to see it.
Is the medico-legal incapacity the same as work incapacity?
No. The medico-legal one is set by the expert for criminal proceedings from the harm of the injury; work incapacity is issued by the treating doctor for work and financial benefits.
Which bands of days does article 112 of the Penal Code distinguish?
Up to 30 days; more than 30 and up to 90; and more than 90 days. Each band carries a higher penalty than the one before.
When is a provisional medico-legal incapacity given?
When the injury is still evolving and the definitive days cannot be set; the person is called back for a new exam.
Do injuries without sequelae and 45 days of medico-legal incapacity need a victim's complaint?
As a rule, yes: Law 906 (art. 74) requires a complaint up to 60 days without sequelae, except in flagrante cases, a minor or incapable victim, or violence against women.
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Educational content on forensic and legal medicine; not legal advice and no substitute for the technical guides of Colombia's National Institute of Legal Medicine and Forensic Sciences. Laws change: each page links the official text and says when it was last checked. For a real case, follow the guide in force and ask the competent authority.
Sources: Ley 599 de 2000, Código Penal (art. 112) (Función Pública, Gestor Normativo, 2000); Ley 906 de 2004, Código de Procedimiento Penal (art. 74) (Función Pública, Gestor Normativo, 2004); Sentencia SP1864-2021 (radicado 55754): lesiones personales y nexo causal con la incapacidad médico-legal definitiva (Corte Suprema de Justicia, Sala de Casación Penal, 2021).
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