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The sentencing provisions of the Criminal Law of our country for the crime of intentional injury:
1. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release;
2. Whoever commits the crime of intentional injury causing serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;
3. Whoever commits the crime of intentional injury causing death or seriously injuring a person by especially cruel means and causing serious disability, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
[Legal basis].Article 234 of the Criminal Law.
Whoever intentionally injures the body of another person is to 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.
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Legal analysis: 1. 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.
2. Where serious injury is caused, the sentence is to be between three and ten years imprisonment for a fixed-term period of not less than 10 years.
3. 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.
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 the death of a person or uses especially cruel means to cause serious injury to a person without serious injury shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Where there are other provisions in this Law, follow those provisions.
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Hello, according to Article 384 of the Criminal Law of the People's Republic of China, anyone who intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal 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.
1. 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.
2. Whoever intentionally injures another person causing serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. In accordance with the provisions of Article 96 of the Criminal Law, the term "serious injury" here refers to any of the following circumstances: (1) mutilating a person's limbs or disfiguring a person's appearance; (2) Causing a person to lose hearing, vision or other organ functions; (3) Other serious harm to personal health.
Among them, "other major injuries to human health" mainly refers to complications other than the above-mentioned serious injuries that are life-threatening at the time of injury or can cause life-threatening complications during the injury, as well as other injuries that seriously affect human health, mainly including craniocerebral injury, neck injury, chest injury, abdominal injury, pelvic injury, spinal cord injury, burns, scalds, frostbite, electric shock injury, injuries caused by physical, chemical or biological and other injury factors. On March 29, 1990, the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security issued the Standards for the Appraisal of Serious Human Injuries. In judicial practice, the appraisal of serious injuries is mainly carried out in accordance with the Standards for the Appraisal of Serious Human Injuries.
3. Whoever intentionally injures another person causing death, or causes serious injury to another person by particularly cruel means, causing serious disability, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. The term "causing death" here refers to the result of the perpetrator's death due to the perpetrator's intention to harm the health of others, but the victim's death is caused by the victim's lack of timely or effective treatment after the injury or due to other reasons. "Particularly cruel means" refers to the act of intentionally causing serious disability to others and using particularly cruel means such as disfiguring them, gouging out people's eyes, or cutting off people's feet.
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According to Article 292 of the Criminal Law of the People's Republic of China, the crime of intentional injury refers to a criminal act that intentionally and unlawfully injures another person's body and reaches a certain level of seriousness and is punishable by the Criminal Law[1] . Although the crime of intentional injury has three statutory ranges of punishment, it is impossible to treat the same number of crimes as a circumstance for upgrading the statutory sentence, and if it is punished as one crime, it is difficult to achieve a proportionate punishment for the crime.
Articles 234, 238, 247, 248, 289, 292, and 333 of the Criminal Law stipulate that anyone who uses violence to injure or injure a person in illegal detention, who causes injury to a person by extorting confessions by torture or using violence to obtain evidence, who abuses a person in custody and causes disability, who gathers a crowd to "smash and rob" and causes disability, who gathers a crowd to fight and causes serious injury, or who illegally organizes or forces others to sell blood and causes injury, shall be punished as the crime of intentional injury. These provisions are fictitious rather than precautionary provisions.
1) Committing the crime of intentional injury shall be sentenced to up to 3 years imprisonment, short-term detention or controlled release.
2) Whoever commits the crime of intentional injury, causing serious injury, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
3) Whoever intentionally inflicts bodily harm on others, causing death, or seriously injuring others by especially cruel means, causing serious disability, is to be sentenced to 10 or more years imprisonment, life imprisonment, or death.
First of all, you should go to the police station to report the case as soon as possible, the police station case is the first basis for future processing, if there is no case filing and police investigation, it will be quite difficult to deal with it in the future; >>>More
Sue directly, ** has no right to detain you.
The crime of intentional injury refers to the act of intentionally and unlawfully harming the physical health of others, excluding the act of intentionally infringing on the lives of others, and is a crime of infringing on citizens' personal rights and democratic rights in the Criminal Law. The sentence for the crime of intentional injury depends on the degree of injury caused to the victim by the intentional injury, and is mainly divided into several situations: minor injury, serious injury, and death, and the punishment is different for different circumstances, with a general sentence of up to three years imprisonment for causing minor injury, three to ten years imprisonment for causing serious injury, and 10 to 10 years imprisonment for causing death, and even a death sentence. Of course, there are many factors that need to be considered in individual cases, the exact number of years of judgment. >>>More
The specific compensation depends on the circumstances of the other party's injuries, and where compensation is actively made, the court will generally reduce the punishment as appropriate, and the criminal suspect's attitude of admitting guilt has a certain impact on the court's judgment, and where the body of another person is intentionally harmed, he is to be sentenced to up to three years imprisonment, short-term detention, or controlled release. >>>More
If a case has already been filed, the case may not be withdrawn unless it is found that the criminal suspect should not be held criminally responsible, but if the statutory conditions are met, the procuratorate may strive for non-prosecution. >>>More