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Intentional injury resulting in death or severe disability by extremely cruel means shall be punishable by imprisonment for a term of not less than 10 years, life imprisonment or the death penalty. The perpetrator subjectively had the intent to harm others, and was negligent in the victim's death. Surrendering immediately after the injury results in death is a statutory mitigating circumstance, but the sentencing must be decided by the judge on the basis of the circumstances of the case.
Among them, in the course of judicial practice, if a person dies due to some radical acts, he will generally not be sentenced to death. Under the Penal Code, the penalty for intentional injury resulting in death is 10 years, and the death penalty applies. In criminal proceedings, "the criminal suspect's active civil compensation to the victim and his family is a discretionary circumstance that is fully considered in sentencing" has been commonly used in judicial practice.
Therefore, the settlement of the civil compensation part will directly affect the time limit for the actual sentence of the criminal suspect. In the case of intentional injury resulting in death, if a public prosecution is initiated in a basic court, it is generally more beneficial to the criminal suspect, and the sentence will not be life imprisonment, and if the compensation is actively compensated, it will generally be about 12 years; If a public prosecution is filed in the Intermediate People's Court, even if the compensation is positive, the upper penalty will eventually be used. Legal basis:
Article 234 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 fixed-term imprisonment of not more than three years, short-term detention or controlled releaseWhoever 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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Accomplices are divided into different types and circumstances, and in cases of intentional injury (causing death), some accomplices must bear legal responsibility for the consequences of death and be sentenced to more than 10 years; Some accomplices do not bear legal responsibility for the consequences of death, so if they are sentenced to less than 10 years, they should not even bear criminal responsibility. The sentencing of accomplices should be based on the specific circumstances of the case.
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More than 10 years of communication is light.
Lawyer Liu Junjie.
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Depending on the size of their role in the joint crime.
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Legal Analysis: Intentional injury causing the death of a banquet party is punishable by fixed-term imprisonment of not less than 10 years, life imprisonment or death. China does not have the crime of intentional injury causing death, but stipulates that the consequences of causing death are included in the crime of intentional injury as one of its sentencing circumstances.
The crime of intentional injury refers to the act of intentionally and unlawfully harming the physical health of another person.
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 and causes heavy rent to congratulate others and injure him, 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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Accomplices are generally prepared to reduce the punishment, but they are also decided on a case-by-case basis. The sentencing standard for cases of intentional injury resulting in death has little to do with whether the perpetrator is the principal offender or an accessory. It is also not certain that an accomplice will be sentenced to life imprisonment.
The law stipulates that a person who intentionally injures a person causing death shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Legal basis:Article 27 of the Criminal Code.
For accomplices, punishment shall be mitigated, commuted, or waived.
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Legal Analysis: Intentional injury causing death is punishable by a minimum sentence of 10 years imprisonment, life imprisonment or the death penalty. According to the laws of our country, accomplices shall be given a lighter, commuted punishment, or even be exempted from punishment.
The sentencing of accomplices needs to be decided according to the circumstances of the specific case, and some accomplices may not bear legal responsibility for the death of the victim, while others will be sentenced to a minimum of 10 years in prison.
Legal basis: Criminal Law of the People's Republic of China
Article 234: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 of scattering vertically and dispersing in the preceding paragraph, causing serious injury, is to be sentenced to 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. Where this Law provides otherwise, follow those provisions.
Article 234-1 Whoever organizes others to sell human organs is sentenced to up to five years imprisonment and a concurrent fine; where the circumstances are serious, a sentence of five or more years imprisonment and a concurrent fine or confiscation of property is to be given.
Whoever removes his or her organs, or receives the organs of a person under the age of 18, or compels or deceives others to donate organs, is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.
Where organs from corpses are removed against the person's prior wishes, or where the person did not express their consent before their death, violating state regulations, and harvesting their corpse organs against the wishes of their close relatives, it is to be convicted and punished in accordance with the provisions of article 302 of this Law.
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Hello, the highest penalty for intentional injury in our country is the death penalty, so not breaking the law is the bottom line of people's behavior, and resolutely do not do anything illegal.
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Up to the death penalty, depending on the circumstances, means, and attitude of admitting guilt.
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Look at the plot up to the death penalty.
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Paragraph 2 of Article 27 of the Criminal Law stipulates: "An accomplice shall be given a lighter, commuted punishment or be exempted from punishment. "The conviction and sentencing of an accomplice cannot be erroneously held that it is only necessary to be mitigated, commuted, or exempted from punishment in accordance with the handling of the principal offender, but that the accomplice must be mitigated, commuted, or exempted from punishment in accordance with the provisions of the Criminal Law.
1. Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, 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 10 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. Specifically, that is, crimes marked with the words "causing serious injury to others" or "causing major losses to public property, the interests of the state and the people" in the provisions of this law shall be convicted and sentenced in accordance with the provisions of each article of this law, and the provisions of this article shall no longer apply. For example, arson, flooding, poisoning, causing serious injury.
The crime of intentional injury refers to the act of intentionally and unlawfully harming the physical health of others, excluding the act of intentionally infringing on the lives of others, and is a crime of infringing on citizens' personal rights and democratic rights in the Criminal Law. The sentence for the crime of intentional injury depends on the degree of injury caused to the victim by the intentional injury, and is mainly divided into several situations: minor injury, serious injury, and death, and the punishment is different for different circumstances, with a general sentence of up to three years imprisonment for causing minor injury, three to ten years imprisonment for causing serious injury, and 10 to 10 years imprisonment for causing death, and even a death sentence. Of course, there are many factors that need to be considered in individual cases, the exact number of years of judgment. >>>More
It depends on the severity of the case.
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