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Intentional injury resulting in death or severe disability by extremely cruel means shall be punishable by imprisonment for a term of not less than 10 years, life imprisonment or the death penalty. The perpetrator subjectively had the intent to harm others, and was negligent in the victim's death. Surrendering immediately after the injury results in death is a statutory mitigating circumstance, but the sentencing must be decided by the judge on the basis of the circumstances of the case.
Among them, in the course of judicial practice, if a person dies due to some radical acts, he will generally not be sentenced to death. Under the Penal Code, the penalty for intentional injury resulting in death is 10 years, and the death penalty applies. In criminal proceedings, "the criminal suspect's active civil compensation to the victim and his family is a discretionary circumstance that is fully considered in sentencing" has been commonly used in judicial practice.
Therefore, the settlement of the civil compensation part will directly affect the time limit for the actual sentence of the criminal suspect. In the case of intentional injury resulting in death, if a public prosecution is initiated in a basic court, it is generally more beneficial to the criminal suspect, and the sentence will not be life imprisonment, and if the compensation is actively compensated, it will generally be about 12 years; If a public prosecution is filed in the Intermediate People's Court, even if the compensation is positive, the upper penalty will eventually be used. Legal basis:
Article 234 of the Criminal Law of the People's Republic of China provides that 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 releaseWhoever 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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This kind of trivial matter will not be sentenced for long, the light is indefinite, and the heavy death sentence is heavy.
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Articles 234, 238, 247, 248, 289, 292, and 333 of the Criminal Law provide that where violence is used in connection with illegal detention to cause injury or disability, where torture extorts confessions or violently obtain evidence causes disability, or where a person in custody is abused and causes disability, a crowd is assembled"Smash and rob"Causing injury to a person, gathering a crowd to fight and causing serious injury, or illegally organizing or forcing others to sell blood to cause 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.
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Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and whoever commits the crime in the preceding paragraph causing serious injury is to be sentenced to between three and ten years imprisonment, causing death or causing serious injury or serious disability by special means, is to be sentenced to 10 or more years imprisonment, life imprisonment or death.
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Whoever intentionally injures the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever intentionally injures another person, causing 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
Although China does not specify the crime of intentional injury causing death, it does clarify the crime of intentional injury. Moreover, intentional injury resulting in death is only an aggravating circumstance of the crime of intentional injury.
It refers to the fact that the perpetrator clearly knows that his or her actions will cause bodily harm to others, and hopes or allows the harm to occur, but unexpectedly causes death, that is, the actor has subjective intent to cause injury, but is subjectively negligent and only negligent for the result of death.
Characteristics of the crime of intentional injury resulting in death:
1) Objectively, it is manifested as an act that illegally harms the physical health of another person and causes the death of another person.
2) In the subjective aspect, the actor clearly knows that his actions will cause bodily harm to others, and hopes or allows the harm to occur, but does not want or allow the death to occur, that is, there is an intention to cause harm but no intention to cause death, and subjectively it is a double guilt of intent and negligence.
Legal basis:Article 14 of the Criminal Law.
Intentional crime is committed intentionally if one clearly knows that one's conduct will have a result that is harmful to society, and hopes or allows such a result to occur, thus constituting a crime. Those who commit intentional crimes shall bear criminal responsibility.
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Intentional injury causing death is punishable by fixed-term imprisonment of not less than 10 years, life imprisonment, or death. China does not have the crime of intentionally injuring a person in the forest dust zone and causing death, but stipulates that the consequences of causing death are included in the crime of intentional injury as a sentencing circumstance. In case of active compensation, it is generally around 12 years.
Intentional injury causing death is punishable by fixed-term imprisonment of not less than 10 years, life imprisonment, or death. China does not have the crime of intentional injury causing death, but stipulates that the consequences of causing death are included in the crime of intentional injury as one of its sentencing circumstances. If a public prosecution is initiated in a basic court, it is generally more beneficial to the criminal suspect, and the sentence will not be life imprisonment, and if the compensation is actively compensated, it is generally about 12 years; If a public prosecution is filed in the Intermediate People's Court, even if the compensation is positive, the upper penalty will eventually be used.
Article 234, Paragraph 1 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 described in the preceding paragraph and causes serious injury shall 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 and causes 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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