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Intentional injury, depending on how the injury is compensated according to the sentence.
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First of all, the victim should promptly report to the police, and then do a forensic evaluation of the leather stool, and decide the legal responsibility of the beater based on the results of the evaluation.
1. If the injury is slight, the public security organ shall impose a public security penalty on the beater, and bear the victim's medical expenses, lost work expenses, and other expenses. Article 43 of the "Public Security Administration Punishment Law" stipulates that anyone who assaults another person or intentionally injures another person shall be detained for not less than 5 days but not more than 10 days and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB
1) Gang up to beat or injure others; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person who is 60 years of age or older; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
2. If the evaluation result is a minor injury, the public security organs shall file a case for investigation and pursue the criminal responsibility of the beater. If the public security organ refuses to file a case, it may file a private criminal prosecution in the people's court and demand that the perpetrator be investigated for criminal responsibility. Regardless of whether it is a public prosecution or a private prosecution, an attached civil lawsuit can be filed at the same time to demand compensation for medical expenses and other expenses from the other party.
Article 234 of the Criminal Law stipulates 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 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.
3. The scope of civil compensation, in accordance with the provisions of the relevant laws of the People's Republic of China, includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and transportation expenses.
With all that said, have your questions been answered!
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Legal Analysis: The two behave differently. The extension of the concept of intentional injury is greater than that of the concept of assault.
The main forms of assault are intentional injuries such as punching, kicking, and slapping, and also include the use of instruments to injure the human body, such as using stones, sticks, knives and axes and other instruments to hurt people, driving animals to hurt people, using toxic or harmful gases or liquids to hurt people, and electric shocks to hurt people.
Legal basis: Article 234 of the Criminal Law of the People's Republic of China: 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 and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, or shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death if he or she is seriously injured by especially cruel means, or 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.
Assault is the crime of intentional injury.
Article 234 of the Criminal Law stipulates that [the crime of 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. >>>More
A distinction should be made between a public security case and a criminal case based on the specific circumstances, and then convicted and punished in accordance with the Public Security Administration Punishment Law or the Criminal Law. >>>More
Intentional injury. It is a criminal offence and the main perpetrator is sentenced to death or a suspended death sentence.
Article 9 of the Law on Public Security Administration Punishments: Where violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, are relatively minor, the public security organs may mediate and handle them. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished. Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute. >>>More
The loss of 5,000 yuan for intentional destruction of property has already reached the standard for filing a case, and criminal responsibility must be investigated. In accordance with the provisions of the Criminal Law: Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, is to be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine. >>>More