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The statutory penalty for intentional injury causing serious injury is fixed-term imprisonment of not less than three years but not more than ten years.
According to the "Supreme People's Court's Sentencing Guiding Opinions on Common Crimes", where intentional injury causes serious injury to one person, the starting sentence may be determined within the range of three to five years imprisonment.
On the basis of the starting sentence, the sentence may be increased and the base sentence may be determined on the basis of other facts of the crime that impact the establishment of the crime, such as the consequences of the injury, the level of disability, and the degree of cruelty of the means.
Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
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1) Where intentional bodily harm to another person causes serious injury that has not yet reached the standard for disability or the degree of injury is close to the standard for minor injury, it is three years imprisonment;
2) Intentionally causing bodily harm to others, causing serious injury to others, causing the victim a Grade 10 disability, is sentenced to four years imprisonment; The sentence is increased by one year for each additional level of disability.
Legally-prescribed base sentence reference point for between 10 and 15 years imprisonment] Intentionally inflicting bodily harm on others, causing serious injury by especially cruel means, causing the victim a Grade 6 disability, is to be sentenced to 11 years imprisonment; The sentence is increased by one year for each additional level of disability.
Intentional bodily harm to another person, resulting in death, shall be sentenced to 13 years' imprisonment.
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1. Determination of the starting sentence for the crime of intentional injury.
1. Where the crime of intentional injury is established, the starting sentence may be determined within the corresponding range on the basis of the following different circumstances:
1) Where intentional injury causes minor injury to one person, the starting sentence may be determined within the range of 6 months to 1 year and 6 months imprisonment;
2) Where intentional injury causes serious injury to one person, the starting sentence may be determined within the range of 3 to 4 years imprisonment;
3) Where a person is seriously injured by intentional injury by especially cruel means, causing a grade 6 serious disability, the starting sentence may be determined within the range of 10 to 12 years imprisonment. Except where a sentence of indefinite imprisonment or higher shall be given in accordance with law;
4) Where intentional injury results in the death of one person, the starting sentence may be determined within the range of 10 to 15 years imprisonment. Except where a sentence of indefinite imprisonment or higher shall be given in accordance with law;
2. On the basis of the starting sentence, the sentence may be increased and the base sentence may be determined on the basis of other facts of the crime that impact the establishment of the crime, such as the consequences, the level of disability, and the degree of cruelty of the means.
3. Where others are hired to commit harmful conduct, the base sentence may be increased by up to 20%.
4. In any of the following circumstances, the base sentence may be reduced by up to 20%:
1) Caused by the intensification of civil conflicts such as marriage, family, and neighborhood disputes;
2) The crime was caused by the victim's fault or the crime was caused by the intensification of the conflict;
3) Actively rescuing the victim after committing the crime.
2. The crime of intentional injury "causing serious injury.""Determination of circumstances.
"Serious injury" here, in accordance with the provisions of Article 96 of the Criminal Law, refers to any of the following circumstances:
1. Cripple a person's limbs or disfigure;
2. Causing people to lose their hearing, vision or other organ functions;
3. Other serious harm to personal health. Among them, "other serious injuries to human health" mainly refers to complications other than the above-mentioned serious injuries that are life-threatening at the time of injury or can cause life-threatening complications during the injury, as well as other injuries that seriously affect human health, mainly including head injuries and neck.
Injuries to the body, chest, abdomen, pelvis, spine and spinal cord, burns, scalds, frostbite, electric shocks, physical, chemical or biological injuries, etc.
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Whoever intentionally causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and whoever causes serious injury by especially cruel means causing serious disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. There are many sentencing circumstances that affect intentional injury causing serious injury, for example, the sentence may be increased by one to two months for each additional minor injury, three to six months for each additional minor injury, and one to three months for each additional minor injury. The victim's disability level also affects the sentencing outcome.
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Intentional injury resulting in first-degree disability is punishable by several years.
1.How to sentence intentional injury causing first-degree disability? Class 1 disability is the most serious disability in the disability class and is punishable by fixed-term imprisonment of not less than 10 years, life imprisonment or death.
According to the Criminal Law of the People's Republic of China on Finger Bending, Article 2 Orange Comma 134. 2.What are the circumstances under which the crime of intentional injury can be mitigated?
The base sentence is up to three years imprisonment, and where minor injuries are caused, a lighter punishment may be given within 1-3 sentencing grids. The base sentence is fixed-term imprisonment of not less than three years, and where serious injuries are minor, the sentence may be fixed-term imprisonment of not less than five years.
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Summary. Dear dear, intentional injury causing first-degree disability is generally punishable by more than 10 years imprisonment, and if the circumstances are particularly serious, life imprisonment or the death penalty, because the perpetrator intentionally injures and causes first-degree disability to others, it falls within the third level of the statutory punishment standard provided for in the crime of intentional injury, and the perpetrator needs to be given a serious criminal punishment.
Intentional injury resulting in first-degree disability is punishable by several years.
Dear dear, intentional injury causing first-degree disability will generally result in a sentence of more than 10 years imprisonment, and if the circumstances are particularly serious, life imprisonment or the death penalty, because the perpetrator intentionally injures and causes first-degree disability to others, it falls within the third level of the statutory penalty standard provided for in the crime of intentional injury, and the perpetrator of the crime needs to be sentenced to serious criminal punishment.
Legal basis: Article 234 of the Criminal Law of the People's Republic of China: The crime of intentional injury or the crime of organizing the sale of human organs refers to intentionally harming the body of others, and the offender shall be sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Where a person who causes death or tears up causes serious injury by means of special cruelty, resulting in serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Where this Law provides otherwise, follow those provisions.
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Where intentional injury causes first-degree disability, how to increase the sentence.
Hello dear, (1) Intentionally injuring another person's body and causing serious injury that has not yet reached the standard for disability or the degree of injury is close to the standard for minor injury, is sentenced to three years imprisonment; (2) Intentionally causing bodily harm to others, causing serious injury to others, causing the victim a Grade 10 disability, is sentenced to four years imprisonment; The sentence is increased by one year for each additional level of disability. Level 1 disability is the most severe disability in the disability class. According to Article 233 of the Criminal Law of the People's Republic of China, whoever intentionally injures the body of another person and causes hail shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
Committing the crime in the preceding paragraph, causing serious injury.
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Where intentional injury causes first-degree disability, how to increase the sentence.
Hello dear. Intentional injury causing first-degree disability is generally punishable by fixed-term imprisonment of not less than 10 years, life imprisonment, or death, because where the perpetrator intentionally injures and causes first-degree disability to another person, it falls within the standard of the third level of statutory punishment provided for in the crime of intentional injury, and the perpetrator needs to be given a serious criminal punishment. Legal basis:
Whoever intentionally injures the body of another person on the basis of Article 234 of the Criminal Law of the People's Republic of China shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Whoever commits the crime of selling the money in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes the death of a person or causes serious injury to a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
First of all, you should go to the police station to report the case as soon as possible, the police station case is the first basis for future processing, if there is no case filing and police investigation, it will be quite difficult to deal with it in the future; >>>More
The crime of intentional injury refers to the act of intentionally and unlawfully harming the physical health of others, excluding the act of intentionally infringing on the lives of others, and is a crime of infringing on citizens' personal rights and democratic rights in the Criminal Law. The sentence for the crime of intentional injury depends on the degree of injury caused to the victim by the intentional injury, and is mainly divided into several situations: minor injury, serious injury, and death, and the punishment is different for different circumstances, with a general sentence of up to three years imprisonment for causing minor injury, three to ten years imprisonment for causing serious injury, and 10 to 10 years imprisonment for causing death, and even a death sentence. Of course, there are many factors that need to be considered in individual cases, the exact number of years of judgment. >>>More
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First of all, make it clear what kind of people you have made. If it is a minor injury, it is enough to pay some medical expenses, and there is no criminal liability involved. If the injury is serious, it constitutes the crime of intentional injury, and the prosecutor should prosecute. Depending on your situation, it's a civil tort at most, so don't worry too much. >>>More