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Anonymous users2024-02-07Those suspected of intentional injury may be sentenced to up to three years imprisonment, short-term detention, or controlled release. The specific sentencing depends on the circumstances.
Article 234 of the Criminal Law of the People's Republic of China [Intentional injury; 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 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.
Anyone who organizes others to sell human organs is to be sentenced to up to five years imprisonment and a concurrent fine; where the circumstances are serious, a sentence of five or more years imprisonment and a concurrent fine or confiscation of property is to be given.
Whoever removes his or her official without his consent, or takes the official of a person under the age of 18, or compels or deceives others into donating an instrument, is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.
Whoever removes organs from the corpse against the person's wishes, or who does not give their consent before his death, violates state regulations, or removes the organs of his close relatives against the wishes of the official, is to be convicted and punished in accordance with the provisions of Article 302 of this Law.
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Anonymous users2024-02-06If you are sent to prison, you may be sentenced to a real sentence, if you are still on bail pending trial, you may be given a suspended sentence, and the most important thing for intentional injury is to ask the other party to forgive, and it is possible to give a suspended sentence if you understand it.
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Anonymous users2024-02-05Legal Analysis: Minor injury cases can generally be released on bail pending further investigation, and the specific situation should be carried out in accordance with relevant provisions, and an application may be submitted if the conditions for release on guarantee pending further investigation are met. Article 67 of the Criminal Procedure Law stipulates that the people's courts, people's procuratorates and public security organs may release a criminal suspect or defendant on bail pending trial in any of the following circumstances:
1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently; Wait a minute. Legal basis: Article 67 of the Criminal Procedure Law of the People's Republic of China: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:
1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently; (2) Where a sentence of fixed-term imprisonment or higher might be given, and where the dust is removed from the company and released on guarantee pending further investigation will not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; (4) The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs. Article 68: People's courts, people's procuratorates, and public security organs that decide to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.
Article 69: Guarantors must meet the following requirements: (1) not be implicated in the case; (2) Have the ability to perform guarantee obligations; (3) They enjoy political rights and their personal freedom is not restricted; (4) Have a fixed residence and income.
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Anonymous users2024-02-04If there is no arrest for minor injuries, an application for release on bail pending further investigation may be made, but whether or not to agree to it will be decided by the public security organs on the basis of the specific circumstances of the case.
Legal basis] Article 67 of the Criminal Procedure Law: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances: (1) where a person might be sentenced to controlled release, short-term detention, or an additional punishment may be applied independently; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; (4) The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.
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Anonymous users2024-02-03Legal analysis: As long as the statutory conditions are met, they can be released on bail pending trial. People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the circumstances provided for in the Criminal Procedure Law of the People's Republic of China.
Legal basis: Article 67 of the Criminal Procedure Law of the People's Republic of China: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:
1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;
(2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society;
(3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society;
(4) The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.
Release on guarantee pending further investigation is to be enforced by the public security organs.
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Anonymous users2024-02-02Whoever intentionally injures others while released on bail pending further investigation and causes minor injuries to others will be suspected of the crime of intentional injury. Where a criminal suspect released on guarantee pending further investigation commits another crime during the period of release on guarantee, release on guarantee pending further investigation will be lifted. The court will pronounce sentences in both cases together and impose a combined penalty for several crimes.
[Legal basis].Article 79 of the Criminal Procedure Law of the People's Republic of China.
People's courts, people's procuratorates, and public security organs must not release criminal suspects or defendants on guarantee pending further investigation for a maximum of 12 months, and residential surveillance must not exceed 6 months. During the period of release on guarantee pending further investigation or residential surveillance, the investigation, prosecution, and trial of the case must not be interrupted. Where it is discovered that the former associates should not be pursued for criminal responsibility, or that the period for release on guarantee pending further investigation or residential surveillance has expired, release on guarantee pending further investigation or residential surveillance shall be promptly lifted.
When release on guarantee pending further investigation or residential surveillance is lifted, the person released on guarantee pending further investigation or placed under residential surveillance shall be promptly notified to the resident and relevant units. Clear and bright.
If the public security organs file a case for investigation, and during the investigation phase, the public security organs find that the circumstances are obviously minor and the harm is not great, and do not consider it a crime, the public security organs will directly withdraw the case after the criminal settlement. During the review and approval of arrest phase, where the circumstances are obviously minor and the harm is not great, and it is not considered a crime, the procuratorate makes a decision not to approve the arrest, and the public security organs are to withdraw the case. During the review for prosecution phase, where the circumstances are obviously minor and the harm is not great, and it is not considered a crime, after the criminal settlement is made, the procuratorate is to make a decision not to prosecute, return the case to the public security organs, and the public security organs withdraw the case. >>>More
The sentence for intentional injury causing minor injuries should be less than three years in prison You should pay for the medical expenses or something, in principle, you are now released on bail pending trial, and you will not be sentenced to a real sentence But even if it is a suspended sentence, it is still necessary to pay attention to it, and there can be no more illegal and criminal acts during the probationary period of probation >>>More
First of all, make it clear what kind of people you have made. If it is a minor injury, it is enough to pay some medical expenses, and there is no criminal liability involved. If the injury is serious, it constitutes the crime of intentional injury, and the prosecutor should prosecute. Depending on your situation, it's a civil tort at most, so don't worry too much. >>>More
In judicial practice, if the criminal suspect has a good attitude in admitting guilt after intentionally causing serious injury, compensates the victim's losses, and obtains the forgiveness of the victim or the victim's close relatives, the three departments of the public security, procuratorate, and law may release the criminal suspect on guarantee pending trial if the criminal suspect applies or another person applies on his behalf. 1. According to the provisions of China's current laws, in any of the following circumstances, the judicial department "may" or "shall" apply release on guarantee pending further investigation to a criminal suspect or defendant. (1) Where a sentence of controlled release, short-term detention, or an additional sentence might be applied independently; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who should be arrested in accordance with law, but are not suitable for arrest because they are suffering from serious illnesses, or who are pregnant or breastfeeding their own babies; (4) Where a criminal suspect who has already been detained in accordance with law is found to be necessary to be arrested after interrogation and review, but the evidence is insufficient. >>>More
In this kind of case, a settlement must be reached with the victim! If a settlement can be reached in the public security bureau, if the victim does not tell you, the case will not be handed over for approval of arrest (if there is an autumn wind operation or something, it will be very troublesome when the case is solved), that is, the administrative punishment is generally 7 to 15 days, and the case record is not left. >>>More