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Intentional injury to others, how to punish depends on the degree of injury. If minor injuries are caused, punishment will be imposed in accordance with the Public Security Administration Punishment Law; If it reaches more than minor injuries, it is suspected of intentional injury.
Public Security Administration Punishment Law
Article 10: The types of public security administrative punishments are divided into:
a) Warning; b) fines;
3) Administrative detention;
4) Revoke permits issued by public security organs.
Foreigners who violate the administration of public security may be subject to an additional time limit for leaving the country or being deported.
Article 12: Where persons between the ages of 14 and 18 violate the administration of public security, the punishment is mitigated or commuted; Where a person under the age of 14 violates the administration of public security, he is not to be punished, but his guardian shall be ordered to strictly discipline him.
Article 13: Where mentally ill persons violate the administration of public security when they are unable to recognize or control their own behavior, they are not to be punished, but their guardians shall be ordered to strictly supervise and supervise them. Where an intermittent mentally ill person violates the administration of public security when he is mentally normal, he shall be punished.
Article 14: Where a blind person or a person who is deaf or mute violates the administration of public security, he may be given a mitigated, commuted, or no punishment.
Article 15: Where a drunk person violates the administration of public security, he shall be punished.
Where a person who is intoxicated is in a state of intoxication and poses a danger to himself or to the person, property, or public safety of others, protective measures shall be taken to restrain him until he sobers up.
Article 16: Where there are two or more violations of the administration of public security, separate decisions are to be made and enforcement are combined. Where administrative detention punishments are combined, the longest is not to exceed 20 days.
Article 17: Where there is a joint violation of the administration of public security, punishment is to be given separately on the basis of the role played by the violator in the violation of the administration of public security.
Where others are instigated, coerced, or tricked into violating the administration of public security, punishment is to be given in accordance with their conduct of instigating, coercing, or deceiving.
Article 234 of the Criminal Law: Whoever intentionally injures the body of another person is 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.
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It mainly depends on the degree of injury and the identification of the injury.
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1. Intentionally injuring another person's body and causing minor injuryIntentionally injuring another person causing minor injury does not constitute a crime and will not be sentenced, but may be punished by public security. Whoever assaults another person in accordance with the "Public Security Administration Punishment Law of the People's Republic of China", or intentionally injures others, is to be detained for between 5 and 10 days and fined between 200 and 500 RMB; 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) Assaulting or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;
3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
2. Intentionally injuring the body of others, causing minor injuries or more damage According to the first paragraph 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, 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. According to these Provisions, as long as the crime of intentional injury is constituted, a person who causes minor injury shall be sentenced to up to three years imprisonment, short-term detention or controlled release; and where serious injury is caused and serious disability is caused, a sentence of 10 or more years imprisonment, life imprisonment or death is to be given. In cases of intentional injury, if the defendant accidentally injured the victim in a fit of anger because the victim was obviously at fault before the crime, and the circumstances are obviously minor, and the defendant can actively compensate the victim for economic losses after the crime, the punishment should generally be mitigated or waived.
Incidental civil compensation arising from the act of intentionally injuring another person's body is within the scope of criminal law adjustment and should be punitive. Where the victim suffers economic losses as a result of the criminal act, the criminal shall be sentenced to compensate for the economic losses in addition to criminal sanctions in accordance with law. Even if the circumstances of the offence are minor, no penalty is required in order to be exempted from criminal punishment.
The Criminal Law stipulates: "Depending on the circumstances of the case, they may be given training or ordered to make a statement of repentance, make a formal apology, or compensate for losses."
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Intentionally injuring others, causing more than minor injuries, constitutes the crime of intentional injury. Where the perpetrator commits this crime, he is to be sentenced to up to three years imprisonment, short-term detention or controlled release. If Lu Bai intentionally harms the body of another person, causing serious injury, he 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.
[Legal basis].Article 234 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 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 an attendant or causes serious injury 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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Punishment for intentional injury to others: If a crime is not constituted, it is necessary to accept a public security punishment, and generally be detained for not less than 5 days but not more than 10 days, and fined not less than 200 yuan but not more than 500 yuan; If the crime of intentional injury is constituted, the sentence is generally up to three years imprisonment, short-term detention or controlled release.
[Legal basis].
Article 43 of the Public Security Administration Punishment Law "Whoever assaults another person, or intentionally harms another person's body, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined between 200 and 500 RMB; 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 beating or injuring others; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; 3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
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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
Sue directly, ** has no right to detain you.
Legal Analysis: The crime of intentional injury refers to the act of intentionally harming the body of another person. Compensation shall be made for the following: >>>More