How will you judge a fight in self defense and a return fire that causes minor injuries?

Generally, there is no need to bear legal consequences, but it is still a case-by-case analysis.

1. If it is an unlawful infringement (such as robbery), self-defense and counterattack belong to the category of legitimate defense, and there is no need to bear legal consequences.

2. If it is a simple fight caused by a dispute, it depends on the results of the injury evaluation: minor injuries or less belong to the scope of the "Public Security Administration Punishment Law", and the maximum detention is not more than 15 days, and the combination of other acts shall not exceed 20 days.

3. If the injury is assessed as a minor injury, it is a private prosecution case, and if the other party does not prosecute, you do not need to be criminalized.

4. If the other party sues you, whoever intentionally injures another person in accordance with Article 234 of the Criminal Law shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or public surveillance.

5. When the other party's injury is not serious, the two parties shall communicate on the premise of voluntariness, or make compensation, and resolve the conflict by themselves.

6. If one party is more serious, hurting others is suspected of committing a crime. The alleged crime is intentional injury, which can be punishable by up to three years in prison, criminal detention or public surveillance.

The above prerequisite is that the perpetrator is at least 16 years old.

Citizens over the age of 18 are adults who can independently carry out civil activities and are persons with full capacity for civil conduct. Citizens over the age of 16 but under the age of 18 who rely on their own labor as their main livelihood, are regarded as persons with full capacity for civil conduct.

2) Limitation of civil capacity. It refers to having partial capacity for civil conduct. Minors over the age of 10 are persons with limited capacity for civil conduct, and may carry out civil activities appropriate to their age and intelligence.

A mentally ill person who is unable to fully recognize his or her own behavior is a person with limited capacity for civil conduct and may engage in civil activities commensurate with his mental health condition.

3) Lack of civil capacity. It refers to the lack of the ability to obtain civil rights and establish civil obligations by one's own independent acts. A minor under the age of 10 is a person with no capacity for civil conduct, and his legal **person** civil activities.

A mentally ill person who cannot recognize his own behavior is a person who lacks capacity for civil conduct, and his legal **person** civil activities.

The infringer shall bear the responsibility for compensation. (1) Injury identification, if it constitutes a minor injury, the other party needs to bear criminal responsibility; (2) Apply for disability appraisal and calculate disability compensation and other related expenses according to the disability level; (3) The compensation obligor shall also compensate the other party for medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, spiritual compensation, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing and continuation.

Article 230 of the Criminal Law, Anyone who 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: If it is in the case of unlawful infringement (such as robbery), self-defense and retaliation belong to the category of legitimate defense, and there is no need to bear legal consequences. If the injury is assessed as a minor injury, it is a private prosecution case, and if the other party does not prosecute, it does not need to be criminalized.

Legal basis: Article 230 of the Criminal Law of the People's Republic of China does not intentionally injure the body of others, and shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or custody. Disturb the front.

The infringer shall bear the liability for compensation for the stool type. 1) Injury identification, if it constitutes a minor injury, the other party needs to bear criminal responsibility; (2) Apply for disability appraisal and calculate disability compensation and other related expenses according to the disability level; (3) The compensation obligor shall also compensate the other party for medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospitalization meal subsidies, necessary nutrition expenses, and mental compensation, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing and continuation.

Article 234 of the Criminal Law 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 public surveillance. 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.

Lawyer's analysis: If it is in self-defense when it is illegally infringed (such as robbery), it belongs to the category of legitimate defense, and it is necessary to bear legal consequences. If the injury is assessed as a minor injury, it is a private prosecution case, and if the other party does not prosecute, you do not need to be sentenced.

Legal basis]:

Article 234 Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or custody.

Summary. If the other party is slightly injured by self-defense and beating, if it is determined by the public security organ to be justified defense, then there is no need to bear criminal responsibility; If it is not found to be justified self-defense, then the crime of intentional injury is constituted, and the sentence is up to three years imprisonment, short-term detention or public surveillance. where serious injury is caused, the sentence is 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.

If the other party is slightly injured by self-defense and beating, if it is determined by the public security organ to be justified defense, then there is no need to bear criminal responsibility; If such a person is not found to be justified in self-defense, then it constitutes the crime of intentional injury and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or controlled release. where serious injury is caused, the sentence is between three and ten years imprisonment; Whoever causes the death of a person or causes serious injury 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.

Article 234 of the relevant provisions of the Criminal Law of the People's Republic of China stipulates that the crime of intentional injury or the crime of organizing the sale of human organs refers to intentionally harming the body of another person and 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 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.

Hello, what is the specific situation?

Legal Analysis: Minor injuries constitute the crime of intentional injury, and cannot be sentenced to up to three years in prison. Minor injuries belong to the case of Yu Zheng, who was detained and fined.

Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms 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 described in the preceding paragraph and causes serious injury 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.