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Minor injuries fall within the scope of public security penalties and do not meet the standards of criminal cases, and are punished according to the standards of public security penalties.
Article 43: Whoever assaults another person, or intentionally harms another person's body, is 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.
1) Gang up to beat or injure others;
2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;
3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
The standard of compensation for intentional injury is stipulated in the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, which does not constitute disability, and compensation shall be made for the following items specified in the first paragraph of Article 17; If it constitutes disability, it shall be compensated according to Article 17 of the level of disability.
Items specified in paragraphs 1 and 2.
II. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.
Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal subsidies, and necessary nutrition expenses.
If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
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Minor injuries are violations of the Public Security Administration Punishment Law and shall be punished by a fine and administrative detention. If the amount of the fine is less than 5,000, the person shall be detained for up to 15 days, and the specific punishment shall be decided by the public security bureau handling the case.
Sentencing standards refer to the standards for the circumstances of the crime at the time of the criminal punishment for illegal and criminal conduct that violates the criminal law.
Fighting may commit the crime of intentional injury, and the minimum standard for the crime of intentional injury is minor injury secondary, that is, when the injury evaluation result is minor injury second-degree or above, the crime of intentional injury is committed and should be criminally punished.
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Minor injuries do not constitute a crime, only bear civil liability for compensation, the other party claims that you compensate, the two parties can negotiate, and if the negotiation fails, you can sue the court. If the other party does not claim compensation, you can ignore it, or you can take the initiative to compensate.
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Minor injuries caused are generally punished in accordance with the administration of public security. Where conduct of personal injury causes minor injuries to the other party, they 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.
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.
1) Gang up to beat or injure others;
2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;
3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
The maximum for minor injuries is administrative detention if the punishment is not more than 20 days, and if the minor injury goes through the judicial process, it will be sentenced, of course, if the mediation is good, it can also be punished lightly or not punished. The sentencing standards for the crime of intentional injury are as follows:
Up to three years imprisonment, short-term detention, controlled release sentencing].
1) Where intentional harm causes minor injuries (injuries close to minor injuries), the social impact is not great, the victim is at fault, or the defendant fully compensates the victim for economic losses, the base sentence is short-term detention or controlled release;
2) Where bodily harm is intentionally inflicted on others, and although it constitutes a minor injury, the injury is close to a slight injury, the base sentence is 6 months imprisonment; where the injuries are between mild and severe, the base sentence is one year imprisonment; where the injury is close to serious injury, the base sentence is one year and six months imprisonment.
Sentencing of not less than three years but not more than 10 years].
1) Where intentional bodily harm to another person causes serious injury that has not yet reached the standard for disability or the degree of injury is close to the standard for minor injury, the base sentence is three years imprisonment;
2) Where intentional bodily harm to others causes serious injury, causing the victim to have a Grade 10 disability, the base sentence is four years imprisonment; The sentence is increased by one year for each additional level of disability.
10 years and 15 years imprisonment for sentencing
Where the body of another person is intentionally harmed, causing serious injury by especially cruel means, causing the victim to have a Grade 6 disability, the base sentence is 11 years imprisonment; The sentence is increased by one year for each additional level of disability.
Intentionally causing bodily harm to another person, causing death, the base sentence is 13 years' imprisonment.
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if no serious consequences are caused, a sentence of not more than three years is to be given.
and where there are specific heinous circumstances, a sentence of 3 to 10 years is to be given.
where circumstances such as death and serious injury are caused, the sentence is to be given in accordance with the crimes of intentional homicide and intentional injury, respectively.
Article 292 of the Criminal Law.
the crime of assembling a crowd to fight; the crime of intentional injury; Intentional homicide] Gathering a crowd to fight, the ringleaders and others who actively participate are sentenced to up to three years imprisonment, short-term detention or controlled release; In any of the following circumstances, the ringleaders and others who actively participate are to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years:
1) Gathering crowds to fight multiple times;
2) Gathering a crowd to brawl with a large number of people, a large scale, and a vile social impact;
3) Gathering crowds to fight in public places or on major traffic arteries, causing serious disruption of social order;
4) Armed crowds to fight.
Where a crowd is assembled to fight, causing serious injury or death, it is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.
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It depends on how you have a relationship, and what is your relationship.
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According to the provisions of China's Criminal Law, anyone who intentionally injures another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or controlled release. Article 234 of the Criminal Law: 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 the death of a person or causes serious injuries by especially cruel means, causing serious disability, shall 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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Legal Analysis: If there are three minor injuries in the fight, if it does not constitute a crime, he may be detained for not less than 5 days but not more than 10 days, and fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. if the crime of intentional injury is constituted, the sentence is up to three years imprisonment, short-term detention or controlled release.
Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 43 Whoever assaults another person or intentionally harms another person's body shall be detained for not less than 5 days but not more than 10 days and shall also be 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.
1) Gang up to beat or injure others;
2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;
3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
Criminal Law of the People's Republic of China Article 234 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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Legal Analysis: Sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Minor injuries caused by a fight are circumstances of intentional bodily harm to others, and it is necessary to be sentenced to criminal responsibility in accordance with law, and 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, causing serious injury, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Legal basis: "This Qi in the Criminal Law of the People's Republic of China" Article 234 Whoever intentionally harms 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 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 this Law provides otherwise, follow those provisions.
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Where a fight causes two minor injuries and is suspected of the crime of intentional injury, causing two minor injuries to the victim or two people, a sentence of up to three years imprisonment may be imposed. If they are able to compensate the victim and obtain the victim's forgiveness, a suspended sentence may be sought. Fighting causing minor injuries in the second degree, suspected of intentional injury, shall be sentenced to up to three years imprisonment, and compensation for ** expenses, lost work expenses, nursing expenses, and transportation expenses.
There is no specific amount, and compensation should be made according to the actual expenses of Haochang. Where two minor injuries are sustained in the second degree of fighting, and the victim is slightly injured or two people, a sentence of up to three years imprisonment may be given. If they are able to compensate the victim and obtain the victim's forgiveness, a suspended sentence may be sought.
Fighting causing minor injuries in the second degree, suspected of intentional injury, shall be sentenced to up to three years imprisonment, and compensation for ** expenses, lost work expenses, nursing expenses, and transportation expenses. There is no specific amount, and compensation should be made on the basis of actual expenses.
Article 234 of the Criminal Law.
Those who intentionally injure the body of others are to be sentenced to up to three years imprisonment, short-term detention, or controlled forgery.
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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