How long will you be sentenced to surrender if you commit the crime of intentional wounding

Updated on society 2024-03-09
6 answers
  1. Anonymous users2024-02-06

    Those who voluntarily surrender after committing a crime and truthfully confess their crimes are voluntarily surrendered. Criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.

    Where a fight causes minor injuries to others, it is a crime of intentional injury, but the circumstances are relatively minor, and where the parties have circumstances of voluntary surrender and actively compensate the victims, it may be found to be an expression of remorse, and both parties may reconcile and be exempted from criminal punishment. On the basis of article 288 of the "Criminal Procedure Law of the People's Republic of China", 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 the crimes provided for in Chapters 4 and 5 of the Specific Provisions of the Criminal Law, and may 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 stipulates that in cases where a settlement agreement has been reached, the public security organ may submit a recommendation to the people's procuratorate for leniency. The people's procuratorate may submit a recommendation for 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. Legal basis: Article 288 of the Criminal Procedure Law of the People's Republic of China: 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 a formal apology, 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.

  2. Anonymous users2024-02-05

    Minor injuries for less than 3 years, serious injuries for more than 3 years and less than 10 years.

  3. Anonymous users2024-02-04

    1. When deciding on the punishment of criminals, they shall be sentenced in accordance with the relevant provisions of the Criminal Law on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society.

    2. Where criminals have the circumstances provided for in the Criminal Law for heavier or lighter punishments, they shall be given a criminal punishment within the legally-prescribed limits.

    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.

    Article 67 of the Criminal Code: A person who voluntarily surrenders after committing a crime and truthfully confesses his or her crime is a person who surrenders voluntarily. Criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.

  4. Anonymous users2024-02-03

    Voluntary surrender for the offence of intentional injury with minor injuries is generally mitigated or mitigated in general sentencing. If the other party is slightly injured in a fight, the responsibility will be borne by the perpetrator: If the perpetrator's conduct does not constitute a crime, an administrative punishment will generally be given.

    If the other party is slightly injured and constitutes a criminal offense, he will generally be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Other provisions of the law.

    1. How to judge the law when a husband and wife fight and use a knife to hurt others.

    Look at the injury. If the two of them fight and use a knife, if there is no injury caused by more than minor injuries, it is a public security case, and mediation will generally be conducted. If minor injuries are caused, the crime of intentional injury is suspected and a sentence of up to three years imprisonment shall be given.

    If minor injuries are caused, it does not constitute a crime, and can only be administratively punished.

    2. Determination of second-degree damage.

    For the crime of intentional injury, where minor injuries are caused, the sentence is generally up to three years imprisonment, controlled release, or short-term detention. If the result of the forensic examination is more than minor injuries, the other party will constitute a criminal offense, and the police station will investigate the case clearly and submit it to the procuratorate, and then the procuratorate will initiate a public prosecution and investigate the criminal responsibility of the other party. The general sentence for the crime of intentional injury is fixed-term imprisonment of not more than three years, controlled release or criminal detention.

    At the same time, the victim may also file an attached civil lawsuit to demand compensation for expenses such as medical expenses, nutrition expenses, transportation expenses, nursing expenses, lost work expenses, and mental damages. The specific compensation standard depends on whether the injury constitutes a civil disability level, and then the specific compensation amount is calculated according to the disability level, the specific loss and the local economic development level. Of course, if the two parties negotiate, it depends on the requirements of the other party, and the issue of compensation can be agreed as long as it can be agreed.

    This is a case of intentional injury, and if it is a minor injury caused by negligence, there will be no sentence.

    3. What is the crime of breaking into a house and beating someone?

    Breaking into a house and assaulting a person may be suspected of the crime of intentional injury, and is generally sentenced to up to three years imprisonment, short-term detention or controlled release, and where serious injury is caused, a sentence of between three and ten years imprisonment is to be given; 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. Where there is intentional minor injury, there is no issue of attempted crime, that is, where the perpetrator subjectively only wants to cause minor injuries, but in fact does not cause or cause minor injuries, it is not to be treated as a crime.

    Article 67 of the Criminal Code.

    Those who voluntarily surrender after committing a crime and truthfully confess their crimes are voluntarily surrendered. Criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.

    Article 234.

    Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release.

    Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments.

    Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

  5. Anonymous users2024-02-02

    Legal analysis: The number of years for the voluntary surrender of the crime of intentional wounding depends on the degree of the victim's injuries. where the injury is slight, the sentence is up to three years imprisonment, short-term detention or controlled release; where seriously injured, the sentence is to be between three and ten years imprisonment; Whoever causes the death of a person or causes serious injury to 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 they surrender voluntarily, it is a statutory mitigating circumstance, and the specific circumstances are at the discretion of the court.

    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 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, fixed-term imprisonment without retention, or death. Where this Law provides otherwise, follow those provisions.

  6. Anonymous users2024-02-01

    Legal Analysis: Whoever intentionally injures the body of another person shall be sentenced to up to three years imprisonment, short-term detention, or a system of simple and balanced. Those who voluntarily surrender after committing the crime of inclusion and truthfully confess their crimes are voluntarily surrendered.

    Criminals who surrender themselves may be given a lighter or commuted punishment. Among them, the punishment may be waived for the less serious offense.

    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. Those who voluntarily surrender after committing a crime and truthfully confess their crimes are voluntarily surrendered.

    Criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.

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