Intentional injury

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;

Second, after the case is filed and the police officer investigates and confirms it, the other party will be detained or told that the other party should be held responsible. If your statement is true, there are two ways to solve the problem, one is to conduct civil mediation, that is, the two parties negotiate compensation and payment of medical expenses under the auspices of the police officer, if the civil procedure is rejected by the other party, it will enter the second way of settlement, that is, the court judgment, which is mainly based on the relevant documents issued by the police station;

Third, after the police officer confirms, he will make a decision on whether the person has violated the "Public Security Punishment Regulations" or the "Criminal Law", and the handling methods and results of the two are also different, and if the person is punished by the "Public Security Punishment Regulations", he will be detained for up to 15 days, and may be fined and compensated; In the case of the Criminal Law, the police officers will further collect evidence, and after the case is decided, it will be transferred to the procuratorate and the court, and the final judgment shall prevail.

The crime of intentional injury is Article 234 of the Criminal Law of our country, and the act of intentionally and unlawfully harming the body of another person is the crime of intentional injury.

Specifically, you can search for "intentional injury" in to see the detailed explanation.

First go to the local public security organ to file a case to see if you need to do an injury evaluation, so as to know whether the nature of the case is an ordinary civil security case or a criminal case, and then you can determine whether you are suing the other party.

It is recommended that you call the police first, and then ask your uncle to cooperate with the police to make a record, and then go to the forensic examination, if the result of the evaluation is minor injuries or above, the other party is intentional injury, the crime is a criminal case, and the public security department will file a case for investigation. If the appraisal result is a minor injury, it is a public security case, and the public security department is responsible for mediation.

Legal Analysis:1When the case has been convicted and the defendant is convicted of intentional injury, and the court requires the defendant to pay the plaintiff a considerable amount of compensation, but the defendant is unable to pay this amount, the court shall conduct an on-the-spot investigation of the defendant's actual situation.

If the situation is true, the court shall suspend the enforcement and resume the enforcement when the suspension disappears, but will not detain you. 2.When the defendant is unable to repay the amount of compensation requested by the court to the plaintiff, although the court may suspend the execution, it does not mean that the defendant does not need to repay the relevant amount.

The defendant should actively repay the relevant debts through his own efforts. If the defendant is due to force majeure (e.g. death of the defendant, etc.), the heirs are responsible for the obligation. 3.

As the grantor, when the defendant is unable to repay the amount. An application should be submitted to the court to take the proper way to protect rights. We should not counter violence with violence and touch the bottom line of the law.

At the same time, it is necessary to actively negotiate and communicate with the defendant so that they can better protect their legitimate rights and interests.

Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, 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; 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. Article 238:Whoever illegally detains another person or unlawfully deprives another person of his or her personal liberty by other means shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights. Where there are circumstances of beating or insulting, a heavier punishment is to be given.

The crime of intentional injury refers to the act of intentionally and unlawfully harming the physical health of another person.

Actions that harm the body of others can take the form of either positive or negative omissions. The former such as punching and kicking, slashing, smashing, smashing, boiling water, etc.; In the latter case, if the babysitter, who is responsible for protecting the child, is irresponsible and does not care when she sees the child poking a knife at the body, and as a result, the child stabs herself in the eye, which may constitute this crime. It can be carried out by oneself, or by using others such as minors and mentally ill people, and can also be carried out by using domesticated animals such as poisonous snakes and wolf dogs.

It can not only target the appearance of the human body, causing the mutilation of external tissues or the destruction of appearance, but also target the interior of the human body, causing the destruction of internal tissues and organs, and hinder its normal functional activities. In short, whether it is committed directly or indirectly, and no matter what part it is directed at, or what method it takes, as long as it is intentional and can cause harm to the personal health of others, it can constitute this crime.

According to what you said above, it is normal for the father to strike the mother first, and the mother to fight back in self-defense, but the father has lost the ability to attack and defend after falling, and at this time, the two sides can take this opportunity to truce, but your mother may be angry and kick him, causing him to be injured, and his subjectivity has constituted intentional injury, and the establishment of the crime of intentional injury is not determined by the severity of the injury.

See whether it constitutes the above consequences of minor injury, and if so, then it must constitute the crime of intentional injury.

It can't be formed. In the crime of intentional injury, the key is to see whether the injury constitutes a minor injury or serious injury.

Article 234 of the Criminal Law of the People's Republic of China stipulates that the act of intentionally and unlawfully harming the body of another person is the crime of intentional injury.

The object of this crime is the right to the body of another person, and the so-called right to body refers to the crime of intentional injury by a natural person in order to keep his or her limbs.

The integrity of organs and other tissues is the content of personality rights. It should be noted that this crime violates the right to body of others, so intentional injury to one's own body is generally not considered a crime. A crime is committed only if the act of self-harm is committed in violation of the relevant criminal law norms with the aim of harming the interests of society.

Intentionally injuring another person constitutes serious injury.

Whoever intentionally injures the body of another person on the basis of article 234 of the Criminal Law is to be sentenced to up to three years imprisonment, short-term detention or controlled release.

The act of injuring your person should be a general circumstance, with a maximum sentence of three years in prison.