What is the legal responsibility for deliberately harming others after drinking too much alcohol?

where they intentionally injure others, but they do not constitute minor injuries, they are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB

1) Gang up to beat or injure others;

2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

Where the circumstances are minor, the public security organs may mediate and handle the above-mentioned violations of the administration of public security caused by civil disputes. Where, after mediation by the public security organs, the parties reach an agreement, no punishment is to be given. Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violator of the administration of public security in accordance with the above provisions, and inform the parties that they may file a civil lawsuit in the people's court in accordance with law regarding the civil dispute.

and where minor injuries are caused, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given.

Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if the following conditions are met at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:

1) The circumstances of the crime are relatively minor;

2) Expressions of remorse;

3) There is no risk of recidivism;

4) The probation is declared to have no significant adverse impact on the community in which the person resides.

Probation does not apply to repeat offenders and ringleaders of criminal groups.

In the criminal cases described above arising from civil disputes, where the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through methods such as compensating the victim for losses or making formal apologies, and the victim voluntarily settles, both parties may settle. In cases where a settlement agreement is reached, the public security organs may submit a recommendation for leniency to the people's procuratorate. The people's procuratorate may submit a recommendation for lenient punishment to the people's court; Where the circumstances of the crime are minor and no criminal punishment is required, a decision may be made not to prosecute.

The people's court may give a lenient punishment to the defendant in accordance with law. However, where the criminal suspect or defendant has intentionally committed a crime within 5 years, the above reconciliation procedures do not apply.

where serious injury is caused, the sentence is between three and ten years imprisonment; 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.

Even if you are drunk, you are guilty of intentional injury.

Summary. Does drinking alcohol and accidentally injuring others constitute intentional injury, and injuring others while drunk is an act of intentional injury, and if the victim is slightly injured or injured, it will constitute the crime of intentional injury.

Does drinking alcohol and accidentally injuring someone constitute intentional injury?

Drinking alcohol and injuring others by mistake constitutes intentional injury, and injuring others while drunk is an act of intentional injury, and if it causes the victim to suffer minor injuries or more than hail blight, it will constitute the crime of intentional injury.

Article 18 of the Criminal Law of the People's Republic of China: [Capacity for Criminal Responsibility of Special Persons] Where a mentally ill person causes harmful results when he is unable to recognize or control his own conduct, and it is confirmed through legally-prescribed procedures, he does not bear criminal responsibility, but his family or guardian shall be ordered to strictly supervise and provide medical treatment; When necessary, by ** compulsory medical treatment. An intermittent mentally ill person who commits a crime when he is mentally normal shall bear criminal responsibility. Where mentally ill persons who have not completely lost their ability to recognize or control their own conduct commit crimes, they shall bear criminal responsibility, but the punishment may be mitigated or commuted.

A person who commits a crime while intoxicated shall bear criminal responsibility. Article 234: [Crime of Intentional Injury] 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 the death of a person or imitates the spine by especially cruel means to seriously injure a person and cause serious disability, 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.

What's your situation? Tell me about it, and I'll give you the answer.

Eating and drinking with my wife hurt someone else by mistake!

What does it mean to be injured by mistake, is there a quarrel and hands-on?

My wife won't let me drink and I threw my glass on the table! Someone else left a nosebleed! The person with a nosebleed is just right.

Can you judge me in this way?

If it is not intentional, it can be proved by evidence.

Does it constitute a minor injury?

Nosebleeds just is.

Does the other party claim compensation?

Understand. The other party will not give me understanding.

Who is the other party?

Did the injury do it firmly?

Tell me about the situation, and I'll show you the relevant legal provisions. To protect your rights and interests.

1. Hurting someone while drunk is not considered intentional injury.

Injuring a person while intoxicated is an act of intentional injury, and if the victim is slightly injured or injured, it will constitute the crime of intentional injury. Article 18 of the Criminal Law of the People's Republic of China provides that whoever intentionally injures the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph and seriously injures a person 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.

2. How to compensate for drinking and hurting people.

1. The medical expenses shall be determined according to the receipt vouchers for medical expenses and hospitalization fees issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates.

2. The compensation for lost time is determined according to the victim's lost time and income.

The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received.

Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.

If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income.

If the victim has no regular income, it is calculated on the basis of his average income in the last three years;

Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

3. The nursing fee is determined according to the income status of the nursing staff, the number of nursing staff, and the nursing period.

4. The nutrition fee shall be determined according to the disability of the victim with reference to the opinions of the medical institution.

5. The hospital meal subsidy can be determined with reference to the business trip meal subsidy standard for general staff of local state organs.

6. Disability compensation shall be calculated for 20 years from the date of determination of disability on the basis of the degree of the victim's inability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed.

However, if the age is over 60 years old, the age shall be reduced by one year for each additional year;

Those over the age of 75 are counted as five years.

If you have an urban hukou, it will be calculated according to the average income of urban residents, and if you are a rural hukou, it will be calculated according to the per capita income of rural residents.

7. The fee for assistive devices for the disabled shall be calculated according to the reasonable cost standard of ordinary applicable devices.

Where the injury has special needs, the corresponding reasonable expense standards may be determined with reference to the opinions of the assistive device preparation institution.

8. The living expenses of the supported stool Sakura are calculated according to the degree of the dependent's inability to work, and according to the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed.

if the dependant is a minor, it is calculated to be 18 years old;

If the dependant is unable to work and has no other livelihood**, 20 years shall be counted.

However, if the age is over 60 years old, the age shall be reduced by one year for each additional year;

Those over the age of 75 are counted as five years.

Based on the analysis of the above, and in accordance with the provisions of the Criminal Code, a person who commits a crime while intoxicated shall be held criminally responsible.

Therefore, injuring another person while intoxicated is an act of intentional injury, and causing the victim to suffer more than minor injuries will constitute the crime of intentional injury.

Whoever commits the crime of intentional injury while intoxicated shall be sentenced to up to 3 years imprisonment, short-term detention or controlled release. Whoever commits the crime of intentional injury and causes serious injury shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. Whoever intentionally inflicts bodily harm on another person, causing death, or seriously injuring another 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.

1. What is the sentencing standard for the crime of intentional injury?

Sentencing for the crime of intentional injury: Whoever intentionally injures the body of another person 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; 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.

2. What is the crime of intentional injury and how is it sentenced.

The crime of intentional injury refers to the criminal act of intentionally and unlawfully causing bodily harm to another person and reaching a certain level of severity (causing serious injury to a person, causing death, or causing serious injury and serious disability by cruel means of burial in a tomb) that should be punished by the criminal law.

Sentencing for the crime of intentional injury: Whoever intentionally injures the body of another person 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; 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.

3. What is the sentencing for the crime of intentional injury?

The sentencing standard for the crime of intentional injury is:

1. 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 liquids;

2. Whoever commits the crime described 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;

3. Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or the death penalty of Li Qi.

The crime of intentional injury refers to the criminal conduct of intentionally and unlawfully harming the body of another person and reaching a certain level of seriousness that should be punished by the criminal law.

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.

1. Injuring a person while intoxicated may constitute the crime of intentional injury. The current Criminal Code clearly stipulates that a person who commits a crime while intoxicated shall be held criminally responsible. In other words, injuring a person while drunk, as long as it meets the conditions for determining the crime of intentional injury of the deceased clan, constitutes the crime of intentional injury, and it is necessary to bear the corresponding criminal responsibility.

According to the provisions of the Criminal Law, intentionally injuring a person, causing more than minor injury, constitutes the crime of intentional injury. Therefore, if a person is injured while drunk, if it causes more than minor injury, it constitutes the crime of intentional injury, and it is necessary to bear the corresponding criminal responsibility and compensate the victim for the loss. However, if it only causes minor injuries or the following consequences, such as minor injuries, it does not constitute the crime of intentional injury, and the "drunk cat" only needs to compensate the victim for losses and accept administrative punishments.

2. Because of pathological drunken people's behavioral disorders, memory loss, and impaired consciousness, accompanied by psychotic symptoms such as hallucinations, delusions, and delusions, their behavior is usually aggressive. Pathological drunkenness is actually a type of mental illness, and the Criminal Law stipulates that if a mentally ill person commits a crime at the onset of illness, Jian Cong does not bear criminal responsibility.

Article 232 of the Criminal Law of the People's Republic of China [Intentional homicide] Whoever intentionally kills a person shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.

Injuring another person while injuring someone while drunk is a crime of negligence, but it can also be found to be an intentional wounding if the act is clearly intentional in nature.

Injuring others after drinking alcohol is a crime of negligence, because drinking alcohol can affect a person's judgment and reaction ability, and it is easy to cause uncontrolled behavior. According to Article 232 of the Criminal Law of the People's Republic of China, a person who causes serious injury or death by negligence shall be investigated for criminal responsibility for the crime of causing serious injury or causing death by negligence. However, if the act is clearly intentional in nature, it may be found to be the crime of intentional wounding.

For example, a person who acts violently after drinking alcohol knowing that he is unable to control his emotions and causes injury to another person may be found guilty of intentional wounding. According to article 230 of the Criminal Law of the People's Republic of China, a person who intentionally harms the physical health of another person shall be investigated for criminal responsibility for the crime of intentional injury. Therefore, when dealing with cases of injuring others after drinking, it is necessary to judge whether it is a crime of negligence or an intentional crime on a case-by-case basis.

If you voluntarily pay compensation after injuring someone while drunk, can criminal liability be mitigated? If you voluntarily compensate for injuring others while drunk, criminal liability can be reduced to a certain extent. According to article 67 of the Criminal Law of the People's Republic of China, where a person voluntarily compensates for losses or eliminates a danger after committing a crime, the punishment may be mitigated or commuted.

However, in this case, you still need to bear the corresponding legal responsibility.

Injuring someone after drinking alcohol is a very serious act. When dealing with such cases, it is necessary to make judgments on a case-by-case basis and pursue corresponding criminal liability in accordance with the law. At the same time, we should also strengthen our awareness of self-protection in life, and do not drink and drive or use violence to make fun of people.

Legal basis]:

Provisions on the Deployment of Cadres》 Article 7 Personnel departments at all levels may, for any of the following reasons, transfer cadres between state organs, public institutions, and enterprise units:

1) Personnel adjustments to improve the structure of the cadre ranks;

2) To meet the needs of national key construction, major scientific research projects and national key strengthening departments;

3) Enriching grassroots units and supporting remote and impoverished areas and hardship industries;

4) Supplementing vacancies in state organs, institutions, and enterprises;

5) To resettle the surplus personnel due to the abolition, merger or reduction of the number of posts in the unit;

6) Adjust personnel whose current work is not suitable for their profession or expertise;

7) Resolving the separation of cadres and their husbands and wives or other special difficulties;

8) Ex-situ resettlement in accordance with policy provisions;

9) To meet the needs of other work of state organs, institutions, and enterprises.