Is it the crime of intentional injury and what is the crime of intentional injury

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This crime refers to the act of intentionally causing bodily harm to another person.

According to article 234 of the Criminal Law, a case shall be filed if a person intentionally injures the body of another person. Only when intentionally harming others meets the legally-prescribed standards for minor or serious injuries does this crime be constituted and a case is filed.

1. The object of the violation of this crime is the bodily rights of others. The so-called bodily right refers to the personality right of a natural person to maintain the integrity of his or her limbs and other organizations.

2. This crime is objectively manifested in the commission of an act that illegally harms the body of another person.

1. Have behaviors that harm the body of others.

2. The act of harming others must be carried out illegally.

3. The act of bodily harm to another person must have caused a certain degree of damage to the other person.

3. The subject of the crime.

The subject of this crime is a general subject, and anyone who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute this crime. Among them, natural persons who have reached the age of 14 but are not yet 16 years old and have intentional injury causing serious injury or death shall bear criminal responsibility.

4. The subjective aspect of the crime.

The subjective aspect of this crime is manifested as intent, that is, the perpetrator knows that his or her actions will cause a result that is harmful to the physical health of others, and hopes or allows such a result to occur.

The main characteristics are: (1) The object of the crime is the physical health of others. Intentionally harming one's own physical health', which generally does not constitute a crime.

However, if the act of self-harm harms the interests of society and violates other provisions of the Criminal Law, it constitutes a crime. (2) The objective aspect of the crime is that the perpetrator has carried out an act that illegally harms the physical health of others. Harming the physical health of others mainly refers to damaging the integrity of human tissues or destroying the normal function of human organs.

There are many ways to injure someone, but no matter what means are used, bodily harm to another person is an act of harm. The difference in the means of committing the crime is only one of the circumstances of sentencing, and is not an element of the crime. The result of the injury may be minor or serious, or it may result in death.

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 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.

Legal Analysis: The crime of intentional injury refers to the criminal act of intentionally and unlawfully injuring the body of another person and reaching a certain degree of severity, such as causing serious injury to a person, causing death, or causing serious injury to a person by particularly cruel means and causing serious disability, which shall be punished by the criminal law.

The crime of intentional injury is specifically manifested in the commission of an act that unlawfully harms the body of another person, first of all, there must be an act that harms the body of another person, and then the act of harming the body of another person must be carried out illegally, and the act of harming the body of another person must have caused a certain degree of damage to the person of another person in order to constitute the crime of intentional injury.

Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms another person's body or body 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.

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, which should be punished by the criminal law.

If no injury is caused or more than minor injury, if the level of injury is not reached, or if the injury is slight, it cannot be punished as intentional injury.

1. Where the crime of intentional injury is established, 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 up to two years imprisonment or short-term detention.

2) Where intentional injury causes serious injury to one person, the starting sentence may be determined within the range of 3 to 5 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 feet to 13 years imprisonment. Except where a sentence of indefinite imprisonment or higher shall be given in accordance with law.

2. On the basis of the starting sentence, the University may increase the sentence and determine the base sentence on the basis of other facts of the crime that affect the composition of the crime, such as the consequences of the injury, the level of disability, and the degree of cruelty of the means.

Where intentional harm causes minor injury, the degree of disability may be considered when determining the starting sentence, or as a sentencing circumstance for adjusting the base sentence.