Sentencing standards for minor injuries of the second degree

1) Where intentional injury causes minor injury to one person, the injury is close to a slight injury, the social impact is not great, the victim is at fault, or the defendant fully compensates the victim for economic losses, it is a short-term detention sentence or controlled release sentence;

2) Intentionally injuring the body of another person, and although it constitutes a slight injury, but the injury is close to a slight injury, it is to be 6 months imprisonment; if the injury is between mild and severe, it shall be sentenced to one year's imprisonment; where the injury is close to serious injury, the sentence is one year and six months imprisonment.

[Extended content].Penal Code

Article 234:Whoever commits the crime of intentional injury and 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 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.

First-degree minor injuries are situations where the injuries are relatively serious, and in terms of sentencing circumstances, they are heavier than those for second-degree minor injuries.

1. At the level of relevant national laws and regulations, there is no sentencing standard for distinguishing between first-degree and second-degree minor injuries.

The Supreme Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases does not distinguish between first-degree minor injuries and second-degree minor injuries, let alone establish different standards for compensation. However, the Criminal Law and related judicial interpretations do not distinguish between minor injuries in the first degree and minor injuries in the second degree when stipulating criminal liability for the crime of injury, nor do they stipulate different sentencing standards. The original "Standards for the Identification of Serious Human Injuries" and "Standards for the Identification of Minor Human Injuries (Trial)" did not divide serious injuries into serious injuries and serious injuries (2), and minor injuries into minor injuries 1 and minor injuries 2, while the new "Standards for the Identification of the Degree of Human Injuries" further refine the distinction between serious injuries and minor injuries, and the main purpose is to strengthen the standardization and standardization of the identification of the degree of personal injuries. It is possible to properly deal with some problems that are difficult to solve under the old identification standards:

If the injury and the previous injury act together, that is, if the effect of the two is comparable, the degree of injury should be appropriately reduced in accordance with the corresponding provisions of this standard, that is, if the grade is serious injury level 1 and serious injury level 2, it can be identified as minor injury level 1 or minor injury level 2 depending on the specific circumstances, and if the grade is minor injury level 1 and minor injury level 2, it shall be identified as minor injury.

II. Comprehensive Sentencing Considerations.

Article 234 of the Criminal Law stipulates: 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. "Up to three years imprisonment, short-term detention, or controlled release" refers to the sentencing standard for intentionally causing minor injuries.

1) Where intentional harm causes minor injuries (the injuries are close to minor injuries or are understood to be minor injuries of the second degree), 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 (understood as a first-degree minor injury), the base sentence is one year and six months imprisonment.

[Legal Analysis].: Mainly compensate for medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses, and the specific amount of compensation should be negotiated between the two parties. If the injury is minor in the second degree, he commits the crime of intentional injury and shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or public surveillance.

[Legal basis].Article 234 of the Criminal Law of the People's Republic of China Whoever intentionally injures or 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 and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, or where serious injury is caused by especially cruel means, or serious disability, the sentence is to be 10 or more years imprisonment, life imprisonment or death. Where this Law provides otherwise, follow those provisions.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

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sentenced to up to three years imprisonment, short-term detention or controlled release; 2. If a criminal settlement agreement is reached, compensation is actively made, the attitude of admitting guilt is good, and the victim is reconciled and forgiveness is obtained, the court may impose a suspended sentence.

Where the person intentionally injures the body of another person, causing minor injury to a person of the second degree, and the crime of intentional injury is constituted, the criminal suspect shall be sentenced to up to three years imprisonment, short-term detention, or controlled release on the basis of article 234 of the Criminal Law. If the conditions are met, a suspended sentence may be imposed at the minimum.

Minor injury refers to an injury in which various external factors such as physical, chemical, and biological factors act on the human body, causing a certain degree of damage to the structure of tissues and organs or partial dysfunction, and do not constitute serious injuries but are not minor injuries.

Minor injury level 2 is a level of injury degree, which refers to the primary injury caused by various injury factors or non-life-threatening complications caused by the primary injury, the second grade of minor injury is the lower limit of minor injury, which is connected with the first level of minor injury, and the upper limit of the first level of minor injury is connected with the second degree of serious injury; The upper limit of minor injuries is connected with the second level of minor injuries, and where the criteria for minor injuries are not met, they are not identified as minor injuries.

Article 234 of the Criminal Law stipulates: 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 the death of a person or causes serious injury by especially cruel means, causing serious disability, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or the death penalty.

Where this Law provides otherwise, follow those provisions.

Therefore, intentionally injuring another person's body, causing "minor injury of the second degree", constitutes the crime of intentional injury, and the criminal suspect shall be sentenced to up to three years imprisonment, short-term detention, or controlled release in accordance with article 234 of the Criminal Law. If the conditions are met, a suspended sentence may be imposed at the minimum.

Where intentional injury meets the second-degree standard for minor injury, it constitutes a criminal offense, and if it meets the second-degree standard for serious injury, it can certainly constitute the crime of intentional injury. Whoever intentionally injures the body of another person and causes serious injury to another person is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

[Legal basis].Article 234 of the Criminal Law of the People's Republic of China.

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 described 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.