-
According to the provisions of the Criminal Law, if an intentional injury causes minor injury, the person may be sentenced to fixed-term imprisonment of not more than three years, controlled release or criminal detention. Therefore, if your husband and someone else stabbed someone into a minor injury, you should be held criminally responsible. If an arrest has been granted, there is a high probability that a sentence will be imposed.
If you pay compensation and obtain the victim's forgiveness, you can seek a lighter or mitigated punishment in such cases. With regard to the retraction of a confession by a victim, this is not possible, and it cannot be retracted once it has been made. If the victim retracts his confession, it means that the victim's original confession is false, and the consequence is that the victim will be held legally responsible.
In short, there is a high probability of sentencing, and it is unlikely that criminal responsibility will not be pursued. However, there is hope for leniency, such as a sentence of up to six months of detention or a suspended sentence.
-
Non-compliance with legal process.
Even if the perpetrator and the victim can reach an understanding and mediation, it is only a matter of civil compensation, and the criminal part must also be prosecuted by the procuratorate. However, if compensation can be reached through the victim and mutual understanding can be reached, the circumstances will be taken into account when sentencing the criminal suspect in the future.
There is no way not to bear legal responsibility, unless, during the course of the trial, it can be proved that your husband did not commit harm to the victim after trial investigation and cross-examination.
-
Legal analysis: According to the laws of our country, whoever intentionally injures another person and causes minor injury shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
Legal basis: Criminal Law of the People's Republic of China
Article 234.
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.
Shanghai Municipal High People's Court's "Sentencing Guiding Opinions on Common Crimes".
IV. Sentencing for Common Crimes.
b) data-filtered="filtered">1.Where the crime of intentional injury is established, the starting sentence may be determined within the corresponding range based on the following different circumstances:
data-filtered="filtered"> (1) Where intentional injury causes minor injury to one person, the starting sentence may be determined within the range of up to two years imprisonment or short-term detention.
data-filtered="filtered"> (2) Where intentional injury causes serious injury to one person, the starting sentence may be determined within the range of 3 to 5 years imprisonment.
data-filtered="filtered"> (3) Where a person is seriously injured by intentional injury by especially cruel means, causing a Grade 6 serious disability, the starting sentence may be determined within the range of 10 to 13 years imprisonment. Except where a sentence of indefinite imprisonment or higher shall be given in accordance with law.
data-filtered="filtered">2.On the basis of the starting sentence, the sentence may be increased and the base sentence may be determined on the basis of other facts of the crime that impact the establishment of the crime, such as the consequences of the injury, the level of disability, and the degree of cruelty of the means.
data-filtered="filtered"Where > intentional injury causes minor injury, the degree of disability may be considered when determining the starting sentence, or as a sentencing circumstance for adjusting the base sentence. Hail round plum.
-
Legal Analysis: Intentional injury causing minor injury refers to the act of intentionally injuring another person's body and causing minor physical injury to another person. Intentional injury causing minor injury is a manifestation of the crime of intentional injury, which constitutes the crime of intentional injury causing minor injury, and a person must have committed an act of harm, and the so-called injury refers to an act that harms the physical health of another person.
Legal basis: Article 234 of the Criminal Law of the People's Republic of China: 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 and causes heavy rent to congratulate others and injure him, shall 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 general, intentional injury causing minor injury generally refers to the act of intentionally injuring another person's body and causing minor bodily injury to another person. Intentional injury resulting in minor injury is a manifestation of the crime of intentional injury, and the crime of intentional injury is often constituted. Generally, it is necessary for the perpetrator to have committed an act of harm, and the harm here usually refers to an act that harms the physical health of others.
If a crime is constituted, criminal responsibility will be pursued.
[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 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.
-
Legal Analysis: Intentional injury causing minor injury refers to the act of intentionally injuring another person's body and causing minor bodily injury to another person. Intentional injury causing minor injury is a manifestation of the crime of intentional injury, which constitutes the crime of intentional injury causing minor injury, and a person must be prepared to commit the harmful act, and the so-called injury refers to the act of harming the physical health of others.
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 death or seriously injures a person by especially cruel means, causing serious injury or disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where there are separate provisions in this Law, follow those provisions.
First of all, it should be clear that your brother is the plaintiff, and there is no doubt that if you don't sue, your brother can also sue directly. >>>More
Specifically, it depends on the specific facts and evidence, and the key is to look at the facts of the case. Causing death of at least 10 or more people in prison. >>>More
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
First, the victim should promptly report to the police, and then conduct a forensic medical evaluation, based on the results of which the legal responsibility of the beater is decided. >>>More
Sue directly, ** has no right to detain you.