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Summary. There is no fixed standard for how much compensation for minor injuries will be, and it can be negotiated first. Generally speaking, the compensation includes medical expenses, compensation for lost work, transportation expenses, and certain nutrition expenses. If the negotiation fails, it can be resolved through civil litigation.
What kind of responsibility should be borne for the inadvertent minor injury to others? How exactly is it compensated?
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Minor injuries constitute a criminal offence.
Where a fight results in injuries to the victim, and it is assessed that the injuries are more than minor, it is generally intentional injury, and the sentence is three years imprisonment, short-term detention, or controlled release under the Mono faction in accordance with law. If the criminal suspect and the victim reach an agreement on the issue of compensation and obtain the victim's forgiveness, the judicial organs may lenient, commute, or waive the punishment for the punishment.
If there is no subjective intention on your side, it is a negligent crime, or if there is no motive for the crime, the civil dispute can be resolved.
Now the key is that you need to obtain the understanding of the other party, actively compensate for it, and strive to reduce the responsibility.
There is no fixed standard for the amount of compensation for scattered injuries, and you can negotiate first. Generally speaking, the compensation includes medical expenses, compensation for lost work, transportation expenses, and a certain amount of nutrition expenses. If the negotiation fails, it can be resolved through civil litigation.
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Legal analysis: criminal liability should be borne, if the intentional injury causes minor injury, the chain does not need to be liable, and the sentencing of intentional injury causing minor injury and intentional injury causing serious injury is fundamentally different. When sentencing, judges need to consider comprehensive factors such as the degree of minor injuries and the degree of social harm of the criminal's behavior.
The offender is generally sentenced to up to 3 years imprisonment, short-term detention or controlled release.
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.
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The crime of intentional injury refers to the act of intentionally and unlawfully harming the physical health of another person.
1) Subject matter elements.
The object of the infringement is the right to physical health of others, and the so-called right to body refers to the personality rights of natural persons with the content of maintaining the integrity of their limbs, organs and other tissues.
2) Objective elements.
Objectively, it is manifested in the commission of an act that unlawfully harms the body of another person.
1. There should be behaviors that harm the bodies of others, and behaviors that harm the bodies of others can be manifested in both positive and negative inaction.
2. The act of harming the body of another person must be carried out illegally. If an act of causing injury is permitted by law, it cannot constitute the crime of intentional injury, such as if the injury was caused by legitimate self-defense and was not excessive, and the doctor amputated the patient's limb for treatment.
3. The act of harming the body of another person must have caused a certain degree of damage to the person of another person in order to constitute the crime of intentional injury.
3) Subject Elements.
The subject of the crime of intentional injury is a general subject. Any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute the crime of intentional injury, and among them, a natural person who has reached the age of 14 but is not yet 16 years old shall bear criminal responsibility if he intentionally injures a person causing serious injury or death.
4) Subjective elements.
The crime of intentional injury manifests itself in the subjective aspect as intent. That is, the actor clearly knows that Sakura's own behavior will cause a result that harms the physical health of others, and hopes or allows such a result to occur. Under normal circumstances, the perpetrator may not have a clear understanding and pursuit of the extent of harm that his or her harmful conduct can cause to the victim in advance.
1. What are the criteria for filing a case for the crime of intentional injury?
Article 234 of the Criminal Law: 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 of intentional injury, 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 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.
The result of the crime of intentional injury is to cause damage to the health of another person. According to the consequences of the injury, the criminal law is divided into three situations: minor injury, serious injury, and injury resulting in death.
The offence of intentional injury must result in more than minor injuries. According to Article 2 of the Standards for the Appraisal of Minor Human Injuries (Trial) issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice on April 20, 1990, "Minor injuries refer to injuries that are caused by various external factors such as physical, chemical, and biological factors acting on the human body, causing a certain degree of damage to the structure of tissues and organs or partial dysfunction, and which do not constitute serious injuries but are not minor injuries.
The specific criteria for minor injuries are to be determined in accordance with the above provisions.
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If the victim is injured by intentional injury and causes minor injury, the person who is suspected of the crime of intentional injury shall be sentenced to fixed-term imprisonment, short-term detention or controlled release for a period of not more than three years.
Article 234 of the Criminal Law: Whoever intentionally harms the body of another person is sentenced to up to three years imprisonment, short-term detention or controlled release.
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