What is the difference between compensation and non compensation in sentencing for the crime of inte

The specific compensation depends on the circumstances of the other party's injuries, and where compensation is actively made, the court will generally reduce the punishment as appropriate, and the criminal suspect's attitude of admitting guilt has a certain impact on the court's judgment, and where the body of another person is intentionally harmed, he is to be sentenced to up to three years imprisonment, short-term detention, or controlled release.

Whoever causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and whoever causes death or serious injury by especially cruel means causing serious disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Anyone who negligently injures another person and causes serious injury shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and if the two parties reach a private agreement, if the injury is more than minor, the law will also investigate their criminal responsibility, and if they actively compensate, there are some differences in sentencing.

This buddy of yours actively compensates the other party for his losses, which is a good sign of admitting guilt, and the court will fully consider this discretionary circumstance when sentencing and impose a lenient sentence. If you don't pay it, the court will order this buddy of yours to pay compensation.

I am a lawyer, and as far as you said, you can be sentenced to probation if you pay compensation; The actual sentence is not compensated, and the sentence must be compensated after the execution of the sentence.

If you take the initiative to compensate and obtain the victim's forgiveness, the sentence can be reduced by about 15% at sentencing, and even if you do not pay now, the victim will be resolved through civil litigation.

Hello, if you actively compensate, you can reduce the sentencing, and the court will consider the factor of active compensation, thank you, hope!

There should be no difference according to the law, but there must be a difference in reality.

In cases of intentional injury to the limbs, the victim may file a lawsuit for civil compensation attached to the criminal case and demand that the defendant bear the liability for compensation, and the compensation standards for the crime of intentional injury are as follows:

1. Medical expenses.

The calculation method of the compensation amount: medical expenses = medical expenses + medical expenses + hospitalization expenses.

2. Lost time pay.

The calculation method of the compensation amount: the amount of compensation for lost time = the victim's salary (yuan days) and the lost work time (days).

3. Nursing fees.

The calculation method of the compensation amount: the amount of compensation for nursing expenses = standard of care (yuan days) and the duration of care (days).

4. Transportation expenses.

The calculation method of the compensation amount: the amount of compensation for transportation expenses = the actual transportation expenses incurred for medical treatment and hospital transfer.

5. Accommodation fee.

The calculation method of the compensation amount: the amount of compensation for accommodation expenses = the standard of accommodation for general staff of state agencies on business trips and the length of stay.

6. Hospitalization meal subsidy.

The calculation method of the compensation amount: hospital meal subsidy = standard of food allowance for general staff of local state agencies on business trips (yuan days) number of days of hospitalization.

7. Nutrition expenses.

The amount of compensation is calculated: nutrition expenses = actual necessary nutrition expenses incurred.

8. Disability compensation.

The calculation method of the amount of compensation: disability compensation = per capita disposable income of urban residents (rural residents) in the previous year at the location of the court where the lawsuit is filed Disability grade coefficient and the number of years of compensation (20 years). However, for those over 60 years old, the age will be reduced by one year for each additional year; If you are over 75 years old, it will be counted as 5 years.

9. Disability assistive devices.

The amount of compensation is calculated as follows: Disability Assistive Device Fee = Reasonable Fee for Commonly Applicable Device.

10. Funeral expenses.

11. Living expenses of dependents.

How to calculate the amount of compensation:

1) If the dependant has no other dependents, the maintenance expenses shall be borne by the person obligated to compensate, and the compensation standard and the compensation period shall be determined when calculating. Minors are counted up to the age of 18, and those who are unable to work and have no other livelihood are counted as 20 years. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year.

If you are over 75 years old, it will be counted as 5 years. Compensation for the living expenses of the dependents = per capita consumption expenditure of urban residents in the previous year (per capita annual living expenditure of rural residents) at the location of the court where the lawsuit is filed Disability coefficient and number of years of compensation.

2) If the dependents have other dependents, the compensation obligor shall only compensate the part that the victim should bear according to law, that is: the amount of compensation for the living expenses of the dependents = the maintenance expenses that the victim should bear according to law.

12. Death compensation.

The calculation method of the amount of compensation: death compensation = per capita disposable income of urban residents in the previous year (per capita net income of rural residents) at the location of the court where the lawsuit is filed for 20 years. For those over 60 years of age, the age is reduced by one year for each additional year.

If you are over 75 years old, it will be counted as 5 years.

Legal Analysis: The sentencing provisions for the crime of intentional injury after compensation may be mitigated or commuted, and for cases where the victim's forgiveness is obtained through means such as compensating the victim for losses or making a formal apology, the public security organ may submit a recommendation to the people's procuratorate for leniency.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 288:In the following public prosecution cases, 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:

1) Cases arising from civil disputes that are suspected of crimes provided for in chapters 4 and 5 of the Criminal Law's special provisions, and might be sentenced to up to three years imprisonment;

2) Cases of crimes of negligence other than crimes of dereliction of duty that might be sentenced to up to 7 years imprisonment.

Where criminal suspects or defendants have intentionally committed crimes within 5 years, the procedures provided for in this chapter do not apply.

Article 290: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 a 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.

Sentencing after compensation for the crime of intentional injury: For those who actively compensate the victim's economic losses and obtain forgiveness, the base sentence may be reduced by up to 40% based on comprehensive consideration of circumstances such as the nature of the crime, the amount of compensation, the ability to compensate, and the degree of admission of guilt and remorse; where compensation is actively made but forgiveness is not obtained, the base sentence may be reduced by up to 30%; Although there is no compensation, where forgiveness is obtained, the base sentence may be reduced by up to 20%. 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 and causes 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 seriously injures a person by especially cruel means and causes 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.

According to the provisions of this article, as long as the crime of intentional injury is constituted, causing minor injuries shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release; and where serious injury is caused and serious disability is caused, a sentence of 10 or more years imprisonment, life imprisonment or death is to be given.

In cases of intentional injury, if the defendant accidentally injured the victim in a fit of anger because the victim was obviously at fault before the crime, and the circumstances are obviously minor, and the defendant can actively compensate the victim for economic losses after the crime, the punishment should generally be mitigated or waived. Incidental civil compensation arising from the criminal act of intentionally injuring another person's body falls within the scope of criminal law adjustment and should be punitive.

In practice, for different circumstances of the crime, even if the same crime is committed, the final sentencing and punishment are different. However, in criminal proceedings, the fact that the criminal suspect actively makes civil compensation to the victim and his family is a discretionary circumstance, which is fully considered in sentencing and 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.

1. What is the sentencing standard for the crime of intentional injury in 2022?

Where the crime of intentional injury is first constituted, the starting sentence may be determined within the corresponding range on the basis of the following different circumstances:

1) Where intentional injury causes minor injury to one person, the starting sentence may be determined within the range of 6 months to 1 year and 6 months imprisonment.

2) Where intentional injury causes serious injury to one person, the starting sentence may be determined within the range of 3 to 4 years imprisonment.

3) Where a person is seriously injured by intentional injury by especially cruel means, causing a grade 6 serious disability, the starting sentence may be determined within the range of 10 to 12 years imprisonment. Except where a sentence of indefinite imprisonment or higher shall be given in accordance with law.

4) Where intentional injury results in the death of one person, the starting sentence may be determined within the range of 10 to 15 years imprisonment. Except where a sentence of indefinite imprisonment or higher shall be given in accordance with law.

Second, on the basis of the starting sentence, the sentence may be increased and the base sentence may be determined on the basis of other facts of the crime that affect the composition of the crime, such as the consequences, the level of disability, and the degree of cruelty of the means. In addition, where others are hired to commit harmful acts, the base sentence may be increased by up to 20.

In the end, where there are any of the following circumstances, the base sentence may be reduced by up to 20:

1) Caused by the intensification of civil conflicts such as marriage, family, and neighborhood disputes;

2) The crime is caused by the fault of the victim or the crime is caused by the intensification of the conflict;

3) Actively rescuing the victim after committing the crime.

The basis for the law before selling the source:

The first paragraph of Article 234 of the Criminal Law of the People's Republic of China 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 the death of a person or who is in the middle of the Qing Dynasty causes serious injury by especially cruel means, causing 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.

Imprisonment for intentional injury cannot be carried out without compensation. According to the law, where the criminal act causes personal injury to the victim, it shall compensate for reasonable expenses paid for ** and **, such as medical expenses, nursing expenses, and transportation expenses, as well as the loss of income due to lost work.

[Legal basis].

Article 192 of the Supreme People's Court's Interpretation on the Application of Paragraphs 1 and 2 of the Supreme People's Court's Interpretation on the Application of Judgments in attached civil litigation shall determine the amount of compensation that the defendant shall pay on the basis of the material losses caused by the criminal conduct and in consideration of the specific circumstances of the case. Where the criminal conduct causes personal injury to the victim, compensation shall be made for reasonable expenses such as medical expenses, nursing expenses, and transportation expenses, as well as the loss of income due to lost work. where the victim's disability is caused, compensation shall also be made for expenses such as the cost of disability living aids; Where the victim's death is caused, compensation shall also be made for funeral expenses and other expenses.