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# Medico-legal sequelae: deformity, functional impairment, loss

- Topic

The lasting harm of an injury; the Penal Code punishes deformity, functional or mental impairment and loss of an organ more heavily.

Updated Nov 5, 2026

## Key points

- Four sequelae in the Penal Code: deformity (art. 113), functional impairment (art. 114), mental impairment (art. 115) and functional or anatomical loss (art. 116).
- Transient versus permanent changes the penalty; facial deformity increases it.
- Anatomical loss of an organ or limb: the art. 116 penalty increased by up to one third.
- With several sequelae, the penalty of the most serious applies (punitive unity, art. 117).

## What it is

Besides the days of incapacity, the expert states whether the injury leaves sequelae. The Penal Code recognises four: physical deformity (art. 113), functional impairment of an organ or limb (art. 114), mental impairment (art. 115) and functional or anatomical loss of an organ or limb (art. 116). The first three can be transient or permanent, and the penalty is higher if permanent; deformity of the face increases the penalty. If one injury produces several of these results, only the penalty of the most serious applies (art. 117, punitive unity).

## Key facts

- Physical deformity: a visible, noticeable change in the shape or symmetry of the body, such as an evident scar; transient or permanent (art. 113).
- Functional impairment: reduced function of an organ or limb without complete loss; transient or permanent (art. 114).
- Mental impairment: a mental disorder caused by the injury, assessed by the forensic psychiatrist or psychologist; transient or permanent (art. 115).
- Functional loss: the organ or limb no longer performs its function; if it is also missing (anatomical loss), the penalty rises (art. 116).
- Injuries with acids or corrosive substances have their own offence with higher penalties (art. 116A, Law 1773 of 2016).

## Step by step

- Wait until the injury has stabilised before calling a sequela permanent.
- Describe the sequela with measurable data: size and visibility of the scar, range of motion, strength, acuity.
- Request specialist assessment when function or mental state needs specific tests.
- Classify each sequela (deformity, functional or mental impairment, loss) and state whether it is transient or permanent.

## Next step: what to do and document

- Do not call a sequela permanent before the expected course is over; leave it pending and schedule a follow-up.
- Describe deformity in good light and at conversational distance, and note whether it affects the face.
- Compare with previous function when an earlier clinical record exists, to separate what the event caused.
- Refer to forensic psychiatry or psychology to assess mental impairment.

## Legal framework in Colombia

- Penal Code (Law 599 of 2000), arts. 113 (amended by Law 1639 of 2013), 114, 115, 116 and 117; art. 116A added by Law 1773 of 2016.
- Current penalties include the general increase of art. 14 of Law 890 of 2004.
- Official text checked on 2026-11-05 at funcionpublica.gov.co.

## Test yourself

Think of the answer, then tap the question to see it.

## Which article of the Penal Code covers functional impairment of an organ or limb?

Article 114. It can be transient or permanent, and the penalty is higher if permanent.

## An injury leaves a visible scar on the cheek and limits elbow movement; which penalty applies?

There is deformity (art. 113, aggravated because it is on the face) and functional impairment (art. 114); under punitive unity (art. 117) only the most serious penalty applies.

## What separates functional loss from anatomical loss?

In functional loss the organ or limb is present but does not work; in anatomical loss it is missing. Anatomical loss raises the art. 116 penalty by up to one third.

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## Connections

## Related 3

- [Código Penal: lesiones personales (arts. 111–121)](https://durgical.com/en/forensic-medicine/codigo-penal-lesiones-personales/)
- [Incapacidad médico-legal: what it is and how it is set](https://durgical.com/en/forensic-medicine/incapacidad-medico-legal-what-it-is-and-how-it-is-set/)
- [Examining a living victim of injury (lesiones personales)](https://durgical.com/en/forensic-medicine/examining-a-living-victim-of-injury/)

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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 (arts. 113 a 117)](https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=6388) (Función Pública, Gestor Normativo, 2000).

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Source: https://durgical.com/en/forensic-medicine/medico-legal-sequelae-deformity-functional-impairment-loss/
License: CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). Cite as: DurgiPedia (durgical.com), https://durgical.com/en/forensic-medicine/medico-legal-sequelae-deformity-functional-impairment-loss/
