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Legal Analysis: The crime of intentional injury refers to the act of intentionally harming the body of another person. Compensation shall be made for the following:
1. Medical expenses. Including: diagnosis and treatment fees, medical expenses, hospitalization fees, and others; 2. Lost time pay.
Victim's income standard (days, months, years) Lost work time (actual income is based on actual income, and if there is no actual income, it is based on the average standard of the same industry); 3. Hospitalization meal subsidy. The standard of food allowance for general staff of state organs on business trips (yuan for days of hospitalization); 4. Nursing fees. (If you have income, you will have income, and if you have no income, you will have to work according to the standard number of days; up to 20 years); 5. Nutrition fee.
It is determined on the basis of the victim's disability and the opinions of the Nomaga medical institution; 6. Transportation expenses and accommodation expenses (records and vouchers are required); 7. Moral compensation.
Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, or controlled release for the remainder.
Whoever commits the crime in the preceding paragraph and causes serious injury shall 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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In the criminal case of intentional copying injury, there are two main ways for the victim to claim compensation:
1. The two parties shall negotiate on their own, or the public security organ or the procuratorate shall organize the two parties to settle.
2. The victim initiates a civil lawsuit attached to the criminal case, and the court conducts mediation or judgment.
In civil lawsuits attached to criminal arrests, the compensation supported by the court refers to the material losses suffered by the victim as a result of the criminal act, mainly including medical expenses, lost work expenses, nursing expenses, nutrition expenses, etc. In the case of mediation, it is up to the parties to determine the amount of compensation.
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Intentional bodily harm to others depends on the extent of the victim's injuries and is to be evaluated by a forensic medical examiner. If the injury is minor or less (including minor injury), it is a violation of the administration of public security, and shall be punished in accordance with Article 43 of the Law on Penalties for Public Security Administration, and if the circumstances are minor, a fine may be imposed, and the heavier punishment shall be up to 15 days of public security detention. Where minor injuries are made or more, a criminal offense is constituted, i.e., the crime of intentional injury, and on the basis of article 234 of the Criminal Law, a person who intentionally injures another person's body is to 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; Whoever causes death or orders the person to demolish the cave causes serious injury and serious disability by especially cruel means, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where this Law provides otherwise, follow those provisions. Therefore, depending on the severity of the injury, the most serious can be the death penalty.
Resistant. Article 234 of the Criminal Law of the People's Republic of China provides that whoever intentionally harms the body of another person is 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; 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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According to article 234 of the Criminal Law, whoever intentionally injures 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.
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The accurate name of the crime of intentional injury to others is "the crime of intentional injury", which is a subjective crime, and the objective actor Zhi Changwei is an act of illegally harming the physical health of others, causing a certain amount of harm, and the result of the harm must be more than minor injuries, and if it does not reach the level of minor injuries, the crime of intentional injury cannot be determined. Article 234 of the Criminal Law of the People's Republic of China stipulates that anyone who intentionally injures 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 of filial piety, life imprisonment, or death.
Where this Law provides otherwise, follow those provisions.
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It mainly depends on the degree of injury of the other party, if it is relatively minor, it may only be detention, and if the method is particularly cruel, it may be sentenced to more than 10 years.
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