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Where the victim is drunk and stabs twice, a forensic evaluation shall be conducted, and conviction and sentencing shall be based on the evaluation conclusions.
Article 234 of the Criminal Law stipulates that 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.
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It is a crime of intentional injury.
The crime of intentional injury (Article 234 of the Criminal Code) refers to the act of intentionally causing bodily harm to another person.
Punishment 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;
2. Whoever intentionally injures the body of another person, causing serious injury, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;
3. Whoever intentionally inflicts bodily harm on others, causing death, or seriously injuring others by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than seven years, life imprisonment, or death.
4. Where intentional harm to the body of another person is otherwise provided for in this Law, in accordance with the provisions, this refers to the commission of other intentional crimes, and the conduct of the person harms the body of another person.
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Legal analysis: Cutting a person after drinking alcohol is sentenced to several years, mainly depending on the degree of injury caused by the slashing, if it is a slight injury, it does not constitute a crime, and administrative detention is less than 15 days. If a person is slightly injured and is suspected of the crime of intentional injury, he shall be sentenced to fixed-term imprisonment of not more than three years.
causing serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Generally speaking, the criminal detention of a criminal suspect begins and the trial is completed in about five months.
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 and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, or where serious injury is caused by especially cruel means, or serious disability, the sentence is to be 10 or more years imprisonment, life imprisonment or death. Where this Law provides otherwise, follow those provisions.
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Legal Analysis:1It mainly depends on the degree of injury caused by the slashing, if it is a slight injury, it does not constitute a crime, and it is administratively detained for less than 15 days.
2.If a person is slightly injured, Danjiju is suspected of the crime of intentional injury and shall be sentenced to fixed-term imprisonment of not more than three years. 3.
causing serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
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.
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 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.
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The maximum penalty for intentional homicide is death, life imprisonment, or imprisonment for not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.
If the death of the victim is caused, the immediate family members of the deceased may file an attached civil lawsuit with the court to demand that the defendant compensate for the death compensation, funeral expenses, and living expenses of the dependents.
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It depends on whether it is intentional or unintentional.
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Depending on whether it constitutes a minor injury or a serious injury, the minor injury is generally up to three years in prison, controlled release, and three to ten years in the case of criminal detention or serious injury. If the subjective intention is to kill, it is not the crime of intentional injury, but the crime of intentional homicide.
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It depends on the consequences, if the serious injury and the minor injury are intentional injuries.
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