Dad was wounded with a knife and a barrel, question 50 about the identification of injuries

The issue of determining the crime of intentional injury.

1 The crime of intentional injury and the crime of intentional homicide are not easily distinguished mainly in the following two situations: first, intentional injury resulting in death and intentional homicide are completed; The second is intentional injury and attempted intentional homicide. The key to distinguishing between the two is to ascertain the specific content of the perpetrator's criminal intent

If a pedestrian has the intent to unlawfully deprive another person of his life, whether or not it results in death, it shall be found to be the crime of intentional homicide; If the act only has the intent to unlawfully harm the health of others, it can only be found to be intentional injury, regardless of whether it causes the death of others.

In addition, attention should be paid to the handling of the following three special circumstances: Where the perpetrator intentionally commits a crime without certainty or cares about the death or injury of others, it may generally be convicted on the basis of the actual result caused. where the result of harm is caused, the crime of intentional injury is to be convicted; where death is caused, the crime of intentional homicide is to be convicted; Where death is caused by a fight, it may generally be convicted as intentional injury causing death, except where there is obvious intent to kill, which is to be punished as intentional homicide; Cases where the line between intentional injury and intentional homicide is truly unclear can generally be handled in accordance with the principle of leniency in doubt.

2 The key to the difference between the crime of intentional injury (causing death) and the crime of negligent death lies in whether the perpetrator subjectively has the intention to injure others and cause death, although the perpetrator does not have the intention to kill but has the intention to harm the health of others, and the death result is entirely caused by the intentional injury; If death is caused by negligence, the perpetrator not only did not have the intent to kill, but also did not harm the health of others, and the death result was entirely caused by negligence.

3. For the determination of the degree of injury, attention should be paid to the combination of the injury at the time of injury and the result after the injury: if the condition is serious at the time, and the injury basically returns to normal after the injury or only forms a minor injury, it should be treated as a minor injury; At that time, the injury was not serious, but although the result of the final injury was serious, it should be regarded as a serious injury.

Are you the best person? How is the unit conducting the injury assessment determined? If the court denies it, it is best to ask the court to determine the appraisal unit for you.

If you believe that the other party has made a false appraisal (or made a trick), you can apply for a new appraisal, but you must be prepared to bear a legal consequence - if the appraisal result is still a minor injury (including minor injuries or more, including serious injuries, the same below), you have to pay the appraisal fee (if the appraisal result is not a minor injury, it is a minor injury or no injury, the other party will pay the appraisal fee), and you must bear the criminal and civil liability for intentional injury (causing minor injury) (the same is true for the other party's intentional injury causing minor injury).

Cases of intentional injury (causing minor injury) are generally private prosecution cases and are ignored. Suggestion of negotiation and mediation - to be forgiving and forgiving is good for yourself, society and others.

Article 234 of the Criminal Law: Whoever intentionally harms the body of another person is 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.

In the current situation, you can call 110, or find an inspector, or even go to the political department of the city bureau to complain about the inaction of the police station.

You have to do it before he does. Got ahead of him and asked the police to detain him. To do this.

Minor injuries constitute a criminal case and cannot be dealt with privately.

You need to pay attention to the fact that he also has minor injuries now, and you have to be mentally prepared that your family may also be criminally responsible.

Forensic appraisal is the basis for the court's sentencing and is legitimate. It's not that if you say it's fake, the court will re-evaluate it.

Unless you have contrary, legally valid evidence that he is not injured, or that his injuries have nothing to do with you.

And it's better that your evidence is not human. Because people can say it casually, and strong physical evidence is something that people can't justify (for example, the surveillance camera filmed your family not hitting him at all).

If there is no evidence to the contrary, or if your evidence is not as legally valid as the injury report in his hand, you need to be mentally prepared. Your family may also be held criminally responsible. (Minor injuries can be punishable by up to three years in prison, and depending on your situation, it should be up to one year).

Or you can prove that he found someone, made a fake, and overturned the injury report in his hand.

I don't know if you understand, there is no need for him to re-evaluate now, because his appraisal has already been legally valid.

No matter what the police station says, if it really goes to court, it is likely that this report will be recognized.

You have to know that the police station doesn't count bullshit, and many ways to deal with it are confusing. He also does not have the right to sentence a criminal case, and it stands to reason that he should have reported such a situation to the sub-bureau for approval of the sentence and detention.

Unless you try to coax him into doing another test at the police station, the results of the test do not constitute minor injuries (that's what I said before, you have new evidence that he is not injured).

Find someone you don't know, (doctor), and do it for both of you (your dad and him), and if you don't agree, go to the police and disagree, but 99 agree.

It can be reported to the organ at the next higher level, and then it will be dealt with.

It is possible to apply for a re-appraisal. Until it is in line with the actual situation.

The forensic examination is done by the Public Security Bureau and is done by itself, and has no legal effect.

Minor injuries Injuries that cause damage to a person's limbs or appearance, partial impairment of hearing, vision or other organ functions, or other injuries that are moderately harmful to human health, including minor injuries of the first degree and minor injuries of the second degree.

Minor injuries of the first degree. a) The cumulative length of the scalp wound or scar is more than 500px.

b) The cumulative area of scalp avulsion is more than 1250px2; The cumulative area of scalp defects is more than 600px2.

c) Depressed or comminuted fracture of the skull.

d) Basilar skull fracture with cerebrospinal fluid leakage.

e) cerebral contusion (laceration); intracranial hemorrhage; chronic intracranial hematoma; Traumatic subdural effusion. f) traumatic hydrocephalus; traumatic intracranial aneurysm; traumatic cerebral infarction; Traumatic intracranial hypobaric syndrome.

g) Spinal cord injury causing defecation or urinary dysfunction (mild).

h) Spinal cord contusion.

Minor injuries of the second degree. a) The cumulative length of the scalp wound or scar is more than 200px.

b) The cumulative area of scalp avulsion is more than 500px2; The cumulative area of scalp defect is more than 250px2.

c) The subgal subaponeurosis hematoma has a range of more than 1250 px2.

d) Skull fractures.

e) Traumatic subarachnoid hemorrhage.

f) Cranial nerve damage causes corresponding neurological dysfunction.

Hello, you can refer to the above standards, you can bring the relevant materials directly to the appraisal center for consultation.

Based on the materials you provide, you can identify as a minor injury.

For orbital fractures, the original simple fracture can be identified as a minor injury, but the new standard standard has increased the difficulty, simple orbital wall fracture is no longer recognized as a minor injury, and you are now suffering from two fractures of the medial wall of the left orbit and the top of the orbit, and its injuries meet the provisions of the "Appraisal Standard for the Degree of Human Operation" with more than two different orbital wall fractures", therefore, it can be recognized as a minor injury of the first degree.