1) Imprudence

Imprudence is the lack of caution that implies omitting the required diligence. It is about a
forgetting the advisable foresight to carry out an action that popular prudence
I would recommend... these reckless acts would constitute a crime if there were ill intentions, but
they are actually products of neglect, moreover... it consists of carrying out an action that
exceeds the nursing competence, based on the trust of related professional practice
with the patient.... generally, carelessness is based on an excess of confidence in the
nurse /o. referred to the routine in work performance.

2) NEGLIGENCE

Like any health professional, nurses run the risk of

committing negligent acts when the patient is under their care....the situation of a professional
being a nurse with legal problems due to negligence is very similar to that of a doctor.
sued for malpractice ... consists of failing to do what is a duty within
From the practice of nursing, an example is the non-compliance with medical orders, an error in the
medication administration, nursing actions that may cause harm to the patient
delegation to auxiliary nursing staff or family members of patients in the administration of
medications and substances such as psychotropics, breach of safety measures that
bring as consequences falls, burns, and any type of injury that it produces in the
Patient incapacity or death.... delegating to nursing students activities that are
competencies of the nursing professional or without the proper supervision of them and without their presence
of the teacher.

OMISSION

Omission is understood as any act of abstaining from action, as well as carelessness or

negligence in fulfilling an obligation. ... An act of omission is basically avoiding carrying out
a specific action... this situation of omission can occur, as has been said, in this manner
voluntary or involuntary.... consists of not taking timely action in case of emergency
to avoid greater harm, as it is not within the scope of nursing practice....

In nursing practice, it is very complex to legally determine the existence of a

omissive conduct, if the nursing professional performs an act that exceeds their competence and
damage may incur in reckless behavior, but if he/she omits to carry out the
the procedure and that omission behavior triggers injury or death to the patient, could be
accused by omission... Good judgment is important.

IMPERICIA

The lack of skill will be the absence of normal knowledge that every profession requires, when it
It concerns a health professional... it consists of not applying theoretical and practical knowledge.
The actions carried out within the practice of nursing.... incompetence becomes greater
relevance due to the lack of knowledge of theoretical principles and practices that can cause a
damage or harm
5) NON-COMPLIANCE WITH STANDARDS
It consists of the ignorance or lack of knowledge of the rules that govern a certain behavior.
within the nursing practice... the institution... or that there is a breach of the
obligations of the employment relationship and that may possibly cause harm to the patient...

not observing the rules regarding the prevention of falls for a hospitalized patient and the
care in existing regulations is an example.... Also, that the existing standards are not given.
to know or control its compliance is a factor that is related to the fall of a
patient... therefore it is a serious omission on the part of those who manage the work areas.

The negligence of health personnel, in this case of the nursing professional, occurs
when they act without complying with the rules governing their profession. As we have already explained
In the previous topic about "Medical Negligence", it occurs due to carelessness in the way of
act of the nursing professional. That is to say, a conscious omission occurs in which
stop fulfilling an act that the functional duty requires, so if damage occurs, it is
totally punishable under the law in the event that it occurs and is detected.

The damage is the loss or impairment suffered in the assets due to the failure to comply with a
obligation. This definition should be understood in the sense of material damage. Damage also
it can be moral.

PROFESSIONAL ETHICS.

Ethics is the part of philosophy that deals with morality and the obligations of man. Morality is
the relative actions or traits of people from the perspective of goodness or
malice. It is that which does not belong to the field of the senses or of the physical, but to that of
understanding, awareness, or the spiritual. It does not belong to the legal field, but to the forum
internal and human respect
A few decades ago, it was understood that ethics and morality were the same, but it was Hans Kelsen who
definition that the two disciplines were distinct, each having its field of action; while
that ethics studies the morals and obligations of man; while morality studies the
actions or characteristics of people from the perspective of the good that the individual forges in themselves
your conscience

So, in other words, ethics is different from morality, because morality is based on the
obedience to the norms, customs, and precepts or cultural commandments, hierarchical or
religious, while ethics seeks to base the way of living on thought
human.

Although professional ethics uses universal values of human beings, it focuses on how they are.
these applicable to the work environment.

NURSING PROFESSIONAL [16]

The health professional in nursing is the professional who graduates from universities.
duly organized in their Nursing guild; and like any other professional
in health, must be an academically excellent, disciplined professional with knowledge
and integral skills, fundamental for their professional practice as a nurse, critical
from their environment and with the necessary skills to know how to transform and adapt
creatively, in support of the other health professionals with whom they must form a
uniform work team.

The nursing profession for some years has ceased to be a trade to become a
profession and during this process, organizations that help promote have been involved
policies, defense activities and leadership development. In our country there are organizations
intended to represent and strengthen the nursing profession.

The subject of nursing attention is the individual, the family, and the community, the professional of
nursing within this care is immersed in situations where the principles
legal texts are present; it is from this assertion mainly that it is proposed to approve
a law of professional nursing practice that establishes through legal norms
duties, rights, sanctions, and other attributes that allow the professional to frame the
professional practice within updated legal regulations.

The attention to the user who comes to the health center is not limited to the nursing professional but
the health team as such, which is made up of: Doctors (general and specialists), nurses
(as), technical and nursing auxiliary staff, laboratory laboratory personnel, etc., and by
each team member performs functions that are usually dependent, independent, and
interdependent, therefore the division of labor in the workplace is taken on horizontally and
vertically taking into account competition and training, which interposes to the
health professionals (Medicine and Nursing) on equal terms in some cases.

When it is pointed out that, among the functions of the nursing professional, there are
dependent functions, it is because the division of labor occurs vertically as it is delegated and
is subordinated in relation to another professional, in this case to the medical professional who is the
responsible for indicating the actions to be taken in a specific case, such as: diet,
medication administration, etc.

It must have a high resolution capacity in its sphere of professional competence.

work and a great strength in the understanding of health-disease processes and of
functioning of the human body, just like the medical professional, taking into account the
social determinants of health. Just like medical professionals, nurses,
thanks to the ability to learn throughout his professional life, he will seek the paths to
specialize your knowledge in the vast world of Nursing.

The ethics guide each of its decisions, through which it is autonomous, responsible, and free.
He is passionate about his profession, respectful of human dignity, as well as of his patients.
colleagues and teachers. He is sensitive, honest, mature, and fair. He takes care of himself in order to take care of
the others.

Aware of their role in transforming society, the nurse generates a great

sense of belonging in their field and work area, must assume leadership in their sphere of
health professionals, as well as to properly integrate into a work team of
the other health professionals.
He knows how to communicate with his patients, his colleagues, and his work team, and he always seeks for a
effective and efficient action. It is in permanent and direct relationship with the patient; although it is true
that there is no level of subordination with the doctors he works with, but he must adapt to
work in a team.

As the health professional who is closely linked to the patients, that is why
Communication with this must be fluid and permanent, providing satisfaction and comfort.
to the patient.

Thanks to its investigative training, it seeks to develop reflective thinking, the ability to
thinking and critical consciousness to contribute to the generation of knowledge and in decision making
decisions based on the best available evidence. In addition, it cultivates your skills to
transmit knowledge to the new generations of nurses, to patients and to the
community through pedagogical and educational actions.

In summary, the nurse has the necessary competencies to perform their work effectively.
in accordance with the values and principles imparted by the University and to be able to demonstrate this
commitment to excellence.

BAD PRACTICE.

There is malpractice in the healthcare area when damage is caused to the body or health.
of the human person, who turn out to be the patients, in this case; whether this damage is partial or
total, limited in time or permanent, as consequences of a professional action with
imprudence or negligence, lack of skill in their profession or art of healing or for failure to observe the
regulations or duties under their responsibility deviating from the applicable legal regulations.

"Malpractice" is a term used to refer to professional responsibility for the

acts performed with negligence. The most well-known form of malpractice is negligence of
nursing staff or malpractice of the nursing professional, but it also
applies to other professional fields such as law, public accounting, engineering, etc.

It is called 'malpractice' the damage caused to the body or health of a human being,
whether this damage is partial or total, limited in time or permanent, as a consequence of a
professional action carried out with recklessness or negligence, incompetence in their profession or craft
cure the neglect of the regulations or duties under their charge by deviating from the
applicable legal regulation.

In Nursing, 'malpractice' is a term used to indicate a poor practice.

professional, whether by "action or omission" in the performance of daily tasks such as
nurse, upon medical prescription or in a manipulation on the patient's body.

Then, there will be malpractice in the healthcare field when harm is caused to the body or
in the health of the human person, patients, whether this damage is partial or total, limited in time or
permanent, as consequences of a professional action taken with negligence or
negligence, incompetence in their profession or art of healing or by failure to observe regulations or
duties under their responsibility with deviation from the legal regulations

Analysis and content of the concept: First of all, there must be a verifiable damage to the body.
understood as an organism, or in health, extending the concept both to physical health and to
the mental, being this encompassing all psychiatric conditions and disorders,
psychological, work-related, individual, and relational, with an impact on other people. The
the amplitude of the concept encompasses not only the direct harm to the individual but, by extension, it
it affects practically all activities of the affected person.

Secondly, the damage caused must necessarily arise from a reckless act or
negligent or a result of incompetence or due to the deviation from the norms and duties of
causing damage or deviation from the applicable current regulations.

Imprudence: Imprudence is understood as a lack of tact, moderation, and caution.

precaución, discernimiento y buen juicio debidos, por parte del profesional de la salud.

Negligence: It is understood as the lack of care and abandonment of treatment guidelines.

asepsis and patient monitoring, which are indicated and are part of the studies in the
health professions.

Impairment: It is generically determined by the insufficiency of knowledge for attention.

of the case, which are presumed and considered acquired, by obtaining the professional degree and the
exercise of the profession.

To conclude on this point, we will conclude that it is known as "malpractice", to the bad
the performance of a professional, the result of negligence, to which both are intimately linked
concepts. These unfortunate phenomena are more common in medicine than in any
another field, and it carries serious consequences for the health and life of patients.

Nursing principles

The practice of nursing as a profession is constantly guided by a body of research.

scientific that helps you identify problems and make decisions to solve them. It is guided by
principles of social, biological, and physical sciences.

What is a Principle? It is a proven fact or a group of facts so related to each other that
formulate a law or a generally accepted theory, or a moral law accepted by the majority of
society should be considered as principles. A brief proposition of value or truth
fundamental that must be followed.

The principle serves as a norm for action, it does not determine what must be done, but it helps to guide the.
action depending on the results that are expected to be obtained. There are countless principles that
they serve to guide nursing practice, they derive from psychology, sociology, anthropology,
chemistry, physics, anatomy, physiology, microbiology, etc., however, there are four that are very
vast and stand out for their contribution to the practice of nursing.
Every patient is an individual member of society that has rights, privileges, and freedoms.
that must be respected without distinction of race, creed, social or economic status.

Fundamental Principles of Nursing

Respect the individuality of people.

Satisfy physiological needs.
3) Protect man from external agents that cause diseases.
4) Contribute to the prompt restoration of the user's health in such a way that they can
incorporate into society.

Imprudence and Inexperience.

For its part, 'negligence' refers to actions taken by a professional

reckless nursing, and for that reason they are predictable from a point of view
objective, so that by committing one of them, one may be committing a crime. It is
punishable and inexcusable, as can be seen in this case that we resolved a few
months. It is the excessive trust of the doctor in the banality of the patient's clinical picture,
or in the perception that important complications cannot occur; and therefore
not taking measures to prevent them.

For its part, the 'incompetence', as the word suggests, clearly alludes to a lack of skill.
the health professional in their professional practice. That is to say, lack of wisdom in their
actions, experience, and skill in the execution of their profession that may harm
directly to the patient. The limited knowledge or skill of the physician to interpret
the symptoms and signs of the patient, to make a diagnosis or lack of training to carry out
any diagnostic or therapeutic intervention.

The 'incompetence' is the lack of experience or knowledge for the exercise of a profession,
or in other words, the technical inability to practice a profession. The
"professional negligence" or incompetence was a qualified form of simple recklessness or
negligence.

Negligence is a poorly performed act by a healthcare provider.

in our case of a nurse, who deviates from the accepted standards in the
medical community and that causes some injury to the patient. It is having carried out acts not
appropriate or, for not having had the required diligence for the particular case. That is to say,
not having met the minimum parameters and standards of conduct to face
the case, and not having complied with the technical standards of the nursing profession.
It constitutes, along with 'incompetence' and 'recklessness', a violation of the 'lex arts ad hoc'.
It also falls on the team of health professionals, if that is the case.
Impregnation consists of acting without the necessary training and expresses a lack of
technical knowledge. Recklessness occurs when one acts lightly.
Guilt encompasses two forms; negligence, when the subject through their actions creates a
risk or increases the existing risk, and negligence, when acts are omitted
necessary to prevent or neutralize the risk.

Omissions are the abstention from doing or saying something. It is also a fault, a neglect or a
negligence on the part of someone responsible for carrying out a task and who does not do it.
non-execution of a possible action

IMPERICIA. Lack of knowledge in a certain art or profession, we clearly see

that when an unused therapeutic behavior is adopted, the professional incurs in this
supposed. As an example, we can mention the case of a colleague who regularly used
an aminoglycoside for the prophylaxis of intraoperative infections in gynecology,
In recent years, the consensus indicates the use of cephalosporins.

IMPRUDENCE: Not taking precautions to avoid a risk or acting in a manner

rushed. Let's look at another example: At Hospital "A" it was decided not to perform a medical history on
women entering labor, only the partogram is prepared, without
embargo, no one has stopped to think what would happen if the attention of that woman arose
a malpractice case. What document would we provide to demonstrate the correctness
medical action, considering that the medical history (the quintessential document) does not
fue realizada?

NEGLIGENCIA: It is the opposite of the sense of duty. It is our obligation as doctors.

to keep written records of our professional acts, medical history, file of
consulting room, duty books, etc. In this case, examples are unnecessary: medical records
empty, incomplete, lack of treatment updates, absence of progress, etc.

What happens when a medical record is created with incompetence? Undoubtedly,

Doubts that the professional risks being sanctioned in a trial, not for having acted
erroneously from a medical perspective, but because of the specific accusation of
malpractice the medical history will not serve to exercise an adequate defense. An old
The saying goes that 'that which is not in the file (the medical history) is not in the
world", in other words, any medical act that is not recorded in the history
the clinic is presumed as not carried out.
What do we mean when we talk about 'written incompetence'? Simply
we call it the absence of minimum and essential elements for the work
the doctor is reflected in the medical history. This lack plainly places the
doctor in a state of helplessness since the data are not found in the history
Clinics cannot be incorporated when exercising defense.
What would be the consequences of reckless actions? Without fear of being wrong.
we can say that in current medicine, especially when it is judicialized, there is no room
For empirical or obsolete practices, all medical conduct must be reasonable.
founded on updated procedure guides, whether these are produced by
institutions, scientific societies, or by the same service. The opposite of the norm.
It is always liable to be claimed and even condemned.
All these situations are similar to that of the driver who is driving during the hours of the
Last night, they went through a red traffic light. In their defense, they claim to be afraid of being robbed if
stop the march. The authority judging the fact is not unaware of the insecurity in which
we live, but one cannot ignore that the infraction was indeed committed. The
The driver ran a red light and that fact alone constitutes an infringement. If with
If someone had been hurt as a result of this violation, it would constitute the crime of
culpable injuries.
How can we compare this situation with what happens to us doctors? Let's go to a
concrete example: guard situation. Polytraumatized patient arrives, several.
Doctors attend to you, involving specialists in emergency medicine, orthopedics and
traumatology, general surgery, and internal medicine. Blood tests and X-rays are requested.
multiple, central and peripheral routes are placed, it expands with saline solution and is
Begin the transfusion. The patient decompensates and two surgeons decide on the
convenience of exploring the abdomen with presumed diagnosis of visceral rupture
abdominal, undergoes surgery where he is operated on. Given that the state of shock persists
postoperative is referred to UTI where he dies within minutes. From the medical history,
patient who enters brought in by ambulance for having suffered
traffic accident, polytraumatized, goes to surgery, surgical report laparotomy
exploratory surgery confirms liver rupture which is sutured according to technique, hemostasis
difficulty, wall closure in a plane. Admission to ICU: patient in shock, mydriasis
Bilateral without peripheral pulses, BP unrecordable. Cardiac arrest, CPR is performed. 02:35 hours. Death

In the trial where the actions of the doctors were discussed, the Judge expressed an opinion based on the
report from the experts, which according to the evidence collected at the hospital. (Read the
clinical history that the now prosecuted doctors had conducted) the medical action
had been insufficient, as it had not been demonstrated (proven) that the
professionals would have carried out all the necessary gestures for the treatment of the
victim and therefore they were condemned.
Someone crossed the traffic light on red when they failed to create an adequate story.
clinic.
Would these colleagues have been convicted if the medical record had been prepared in
correct way and documenting everything done?; certainly not.
But the doctors on that shift never thought they would be evaluated on how they had
documented their actions and therefore never worried about creating a story
clinic according to the circumstances; three years after the event the trial took place.

How does this reality impact our environment? In multiple ways and all in
to the detriment of the medical community and care in general.

From the perspective of the entire medical community, we view with concern a
increasing discredit of our professional work, the publication in the media of adverse rulings against
profesionales médicos contribuye a producir un sentmiento generalizado de desconfianza que
negatively predisposes the patient.

From an individual perspective, the consequences directly compromise physical health.

psychological of the doctors involved in the lawsuits.

Every day, more colleagues involved in some cause exhibit everything from mood swings to
serious psychological disorders. The cost of malpractice is not just economic, it is also paid with
health, and we have demonstrated this with the mental health work of accused doctors who
we have carried out and published in the previous issue.

Chapter IV

Of the Duties and Rights of Nursing Professionals

Nursing Law
Article 13.
Notwithstanding what is established by the current legal provisions, the
nursing professionals are required to:
1. To respect life and the human person in all circumstances, as a duty.
the role of the nurse.
2. Assist users, attending only to their demands.
health, without discrimination based on race, sex, creed, social condition or
politics.
3. Act in accordance with the circumstances and scientific knowledge.
that the sick have or the sick women in states of unconsciousness and of
health emergencies that can pose an evident danger to life
these.
4. Provide assistance to the authorities in case of epidemics and disasters
other emergencies.
5. Protect the patient while in your care from humiliating treatment or
any other type of offense to his dignity as a human being.
6. Practice your profession with responsibility and effectiveness regardless of what it is.
scope of action.
7. Stay updated regarding scientific advances, linked
with the professional practice of nursing.

Chapter VII
On Prohibitions, Offenses, and the Illegal Practice of Nursing
Article 24.
Nursing professionals are prohibited from:
Subject patients to procedures or techniques that involve
danger to health without your consent.
2. Execute, promote, induce or collaborate directly or indirectly in practices
what do they mean by undermining human dignity.
3. Delegate powers, functions, or responsibilities to unqualified personnel.
specific to their profession or activity.
4. Publish advertisements related to the nursing profession, that
induce the public to deception
5. Act under the technical or professional dependency of those who only
are qualified to practice nursing at the assistant level, except for
the cases provided for in this Law or its Regulation.

Chapter VIII
Of the Sanctions

Article 27.
Without prejudice to the criminal and civil liability that may be incurred in the
exercise of the nursing profession, the sanctions established in this Law
son:
Of a disciplinary nature.
2. Administrative in nature.
3. Of a penal nature.

Article 28.
The disciplinary sanctions are as follows:
Written warning.
Exclusion or deprivation of honors, rights, and privileges of a guild nature
the professional.

Article 29.
The administrative sanctions are as follows:
Fine of ten tax units (10 U.T.) to fifty tax units
(50 U.T.)
2. Suspension of the nursing professional practice for up to two years.
Article 30.
Disciplinary and administrative sanctions shall be applied without prejudice to the
civil or criminal liability that may arise as a consequence of the
action, omission, inexperience, imprudence or negligence in the exercise
professional.

Civil Code

Article 2.- Ignorance of the law does not excuse compliance with it.
Article 16.- All individuals of the human species are natural persons.
Article 17.- The fetus shall be considered born when it is for its own good; and for it to be
reputed as a person, it is enough that they were born alive.

Article 1.185.- Whoever, with intent, or by negligence or imprudence, has caused a

damage to another, is obliged to repair it.
Anyone who has caused damage to another must also provide reparation, exceeding, in the
exercise of their rights, the limits set by good faith or by the object in view of which
that right has been granted to him
Article 1.195.- If the unlawful act is attributable to several persons, they are jointly liable.
jointly responsible for repairing the damage caused.
Who has fully paid the total damage, has action against each of the
co-obligated by one part that the Judge will set according to the severity of the offense committed by
each one of them. If it is impossible to establish the degree of responsibility of the
co-obligors, the distribution will be made in equal parts.

Article 1.196.- The obligation to repair extends to all material or moral damage.
caused by the illegal act.
The Judge may, in particular, grant compensation to the victim in case of injury.
corporal, of an attack on his honor, on his reputation, or on those of his family, on his freedom
personal, as well as in the case of violation of your home or a secret
regarding the injured part.
The Judge may also grant compensation to relatives, in-laws, or spouse.
as compensation for the pain suffered in the event of the victim's death.
PENAL CODE
Article 1.- No one shall be punished for an act that is not expressly
foreseen as punishable by law, nor with penalties that it has not established
Previously. Punishable acts are divided into crimes and offenses.
Article 3.- Anyone who commits a crime or an offense in the geographical area of the
Republic, will be punished according to Venezuelan law.
Article 8.- Penalties are mainly divided into corporal and non-corporal.
Article 9.- The corporal penalties, which are also referred to as restrictions of liberty,
it's
following:
1.- Presidio.
2.- Prison.
3.- Arrest.
4.- Relegation to a Penal Colony.
5.- Confinement.
6.- Expulsion from the geographical space of the Republic.
Article 10.- Non-custodial penalties are:
1.- Subject to the oversight of the public authority.
Civil interdiction due to criminal conviction.
3.- Political disqualification.
4.- Disqualification from exercising any profession, industry, or position
5.- Job dismissal
6.- Suspension of the same.
7.- Fine.
8.- Caution not to offend or harm.
9.- Warning or admonition.
10.- Loss of the instruments or weapons with which the criminal act was committed and of the
effects that stem from it.
11.- Payment of legal costs.
Article 113.- Any person criminally responsible for any crime or misdemeanor is
also civilly.
The civil liability arising from the criminal one does not cease because it is extinguished or the penalty, but rather
to last like the other civil obligations subject to the rules of civil law.
However, the forgiveness of the offended party regarding the criminal action produces the
waiver of civil action if no express reservation has been made.
The civil action that proceeds against public officials will be prescribed for ten years.
acts performed in the exercise of the position.

Article 411.- Whoever has acted with imprudence or negligence, or well with
lack of skill in their profession, art, or industry, or by failure to observe the regulations,
orders or instructions that have caused the death of any person will be punished with
prison sentence of six months to five years
Article 432.- The woman who intentionally aborts, using means for this purpose
employees by herself, or by a third party, with her consent, will be punished with
prison sentence of six months to two years
Article 433.- Whoever has caused the abortion of a woman, with her consent
this will be punished with imprisonment from twelve to thirty months.
If as a consequence of the abortion and the means used to carry them out, there occurs the
the death of the woman, the penalty will be imprisonment for three to five years; and it will be four to six
years, if death occurs due to having used means more dangerous than those
consented by her.
Article 434.- Whoever has sought the abortion of a woman, using without her
Consent or against her will, means aimed at producing it, will be punished.
with a prison sentence of fifteen months to three years. And if the abortion is carried out, the prison sentence will be three
at five years old.
If due to the abortion or the means used to procure it, death should occur
For the woman, the penalty will be imprisonment for six to twelve years.
If the culprit were the husband, the penalties established in this article would be
will increase by a sixth.
Article 435.- When the perpetrator of any of the crimes foreseen in the articles
a predecessor is a person who practices the art of healing or any other profession or art
regulated in the interest of public health, if such person has indicated, provided or
employee means by which abortion has occurred in which it has taken place
death, the penalties of the law will be applied with an increase of one sixth. The conviction
will always result in the suspension of the practice of the art or profession of
culpable, portempo igual al de la pena impuesta.
The official who causes the abortion as a means will not incur any penalty.
essential to save the life of the birthing woman.
Article 436.- The penalties established in the preceding articles shall be reduced in the
ratio of one to two thirds and the prison will convert into jail, in the event that the
The author of the abortion would have committed it to save his own honor or the honor of his wife.
of her mother, of her descendant, of her sister or of her adopted daughter.
CHAPTER V
Of the abandonment of children or other persons unable to provide for their safety or their
health
Artculo 437.-El que haya abandonado un niño menor de doce años o a otra persona
unable to provide for their own health, due to any intellectual or physical illness they may suffer from,
If the abandoned person is under the custody or care of the perpetrator of the crime, they will be punished.
with a prison sentence of forty-five days to fifteen months.
If the act of abandonment results in any serious harm to the person or their health
abandoned or a disturbance of his mental faculties, the prison will be temporary of
fifteen to thirty months; and the penalty will be three to five years in prison if the crime carries the
death.