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Based on the provisions of the law and my experience in defending the law, it is preliminarily believed that your relative's injuries may constitute minor injuries, and even the possibility of serious injuries cannot be ruled out. Specifically, it also needs to be confirmed through forensic examination. Call the police directly and ask for investigation and punishment according to law.
The specific outcome will also depend on the specific facts of the case and the lawyer's defense. The stakes are high, and it is recommended to hire a professional criminal defense lawyer to intervene as soon as possible to provide legal assistance and defense. Further inquiries can be contacted.
Good luck.
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Legal Analysis: (Supplementary Indemnity.)
Legal basis) Where intentional injury constitutes a minor injury, in accordance with the relevant provisions of the Criminal Law of our country, 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. Legal basis: Article 234 of the Criminal Law of the People's Republic of China [Crime of Intentionally Injuring a Transporter's Shirt and Causing Stupidity] stipulates:
Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release.
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The sentencing standard for intentional injury is generally six months to one and a half years, and of course, the punishment will be adjusted accordingly according to many details. In the case of causing minor injury, according to the relevant laws and regulations of our country, it is a crime of intentional injury, and the people's court may sentence it to a criminal punishment of up to three years imprisonment, short-term detention, or controlled release.
1. What are the principles of sentencing.
1. Based on facts. It refers to the fact that it is based on all the actual circumstances of the objectively existing crime.
2. Take the law as the criterion. Sentencing should be based on the provisions of the Criminal Law, and sentencing should be based on law, which is a requirement of the principle of legality for crimes.
2. What does the criminal law refer to when it is envied by high envy of the mu.
1. Provisions of the General Provisions of the Criminal Law on the methods of punishment, the punishment system (such as combined punishment for multiple crimes, suspended sentences, etc.) and the conditions for their application.
2. Provisions of the Criminal Law on the Criminal Law Methods and Sentencing Ranges for Specific Crimes.
The sentencing range for specific crimes in the sub-provisions cannot be arbitrarily exceeded, and the appropriate type or degree of punishment can only be selected and applied within the sentencing range, except where there are legally-prescribed mitigating circumstances.
3. Provisions of the General Provisions of the Criminal Law on heavier, lighter, mitigated, and exempted punishments, such as heavier and lighter punishments for attempts, suspensions, minors, and principal offenders.
III. Characteristics of Sentencing.
1. The subject of sentencing is the Qisen People's Court. Sentencing power is one of the important contents of the state's penal power, and it is also the proper meaning of the people's court's criminal trial power, which should of course be exercised by the people's court, and no other organ, group, or individual has the power to sentence. Therefore, the subject of sentencing is the people's court.
2. The object of sentencing is the offender. Sentencing is to further resolve the issues of whether or not to impose a penalty, what kind of punishment to impose, and how many punishments to impose on the basis of constituting a crime. Therefore, only the person whose conduct has constituted a crime is the object of sentencing.
3. The nature of sentencing is criminal justice activities. Sentencing is an activity in which the people's courts determine the punishment of the offender at their discretion on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society, as well as with reference to the offender's personal circumstances and in accordance with the relevant provisions of the Criminal Law. Therefore, the nature of sentencing is a criminal justice activity.
Legal basis: Penal Code
Article 14. Intentional crimes are committed when one clearly knows that one's conduct will have a result that is harmful to society, and hopes or allows such a result to occur, thus constituting a crime. Those who commit intentional crimes shall bear criminal responsibility.
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For minor injuries, the sentence is up to three years imprisonment, short-term detention or controlled release. Minor injuries refer to injuries that cause a certain degree of damage or partial dysfunction to the body, and do not constitute serious injuries but are not minor injuries. At the same time, the victim may demand compensation for medical expenses, lost work, nursing, transportation in Zhaozhen, accommodation, food allowance during hospitalization, necessary nutrition, etc.; If the injury reaches the level of disability, disability compensation, disability assistive device expenses, living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
What is the difference between minor injury 1st degree and minor injury 2nd degree.
1. Minor injury level 1 refers to the primary injury caused by various injury factors or complications caused by the primary injury, which is not life-threatening; Moderate damage to the structure and function of the remaining tissues and organs, or significant impact on appearance.
2. Minor injury level 2 refers to the primary injury caused by various injury factors or complications caused by the primary injury, which is not life-threatening; The structure and function of the remaining tissues and organs are mildly damaged or affect the appearance.
3. According to the standards for the identification of damage to the rock mass, the forensic appraisal shall prevail, and the first level is more serious and the second level is lighter, which are the standards for filing cases for the crime of intentional injury.
The law is based on the brother's guessArticle 234 of the Criminal Law of the People's Republic of China.
Intentional injury] 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. Where this Law provides otherwise, follow those provisions.
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