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For the crime of assault in China's criminal law, minor injuries are punishable by up to three years in prison, criminal detention or public surveillance.
Article 234 of the Criminal Law of the People's Republic of China [Crime of Intentional Injury] 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.
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Of course it is the great sin of b. The presiding judge made a judgment based on the injuries of both parties. Minor injuries are detained for less than 3 years and serious injuries for 3-10 years. The cause of the matter had little effect on the verdict.
In practice, it is difficult to define the circumstances of justifiable defense, but the lawyer you hire has no experience of harm.
Minor injuries can be mediated.
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The crime of intentional injury refers to the criminal conduct of intentionally and unlawfully harming the body of another person and reaching a certain level of seriousness, which should be punished by the criminal law.
Sentencing standards: Articles 234, 238, 247, 248, 289, 292, and 333 of the Criminal Law provide that those who use violence to cause injury to illegal detention, those who extort confessions by torture or use violence to obtain evidence cause injury, those who abuse a person in custody causing injury, those who assemble a crowd to "smash and rob" and cause injury, those who assemble a crowd to fight and cause serious injury, or those who illegally organize or force others to sell their blood and 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.
Note: Those who meet the requirements for legitimate defense are exempted from punishment.
The subject of the crime of intentional injury is a general subject. Any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute the crime of intentional injury, and among them, a natural person who has reached the age of 14 but is not yet 16 years old shall bear criminal responsibility if he intentionally injures a person causing serious injury or death.
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Minor injuries and serious injuries. The injuries in the crime of intentional injury mainly refer to minor injuries and serious injuries.
For the crime of intentional injury, the sentence is up to 3 years, short-term detention or controlled release.
and where serious injury is caused, the sentence is 3 to 10 years.
Whoever causes death or disability shall be sentenced to not less than 10 years, especially indefinitely, or by death, including minor injuries.
Whether B is justified defense depends on the circumstances, for example, whether A defended himself when he hit him, and if it is justified defense B is obviously excessive defense, the criminal punishment should be reduced or waived for excessive defense. I don't think there is a big crime, the important thing is to look at the evidence of the case.
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B is not justified because B does not possess the time and limits required for justifiable defence.
Therefore, they can only be unlawful violations against each other, so it must be B's great sin.
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A is intentional injury, B should be justified defense.
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The facts of the case are not clearly explained, is A still violating B when B strikes A? Also, A hits B with a stick, what is B's injury?
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The standards for conviction and sentencing for the crime of intentional injury are: 1. Where the perpetrator intentionally injures the body of another person, causing minor injury to another person, he shall be sentenced to up to three years imprisonment or short-term detention or controlled release in accordance with law; 2. Whoever intentionally injures another person's body and causes serious injury by especially cruel means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years in accordance with law; 3. Whoever intentionally injures another person causing death or serious disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or even the death penalty in accordance with law.
Criminal Law of the People's Republic of China
Article 234: [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 being in charge of the elderly.
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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Legal Analysis: Criminal offenses are generally more dangerous things, and the person who commits a criminal case should also pay the price for what he has done, and the scope of criminal compensation for losses includes property damage and personal injury suffered as a result of the criminal act.
Legal basis: Article 101 of the Criminal Procedure Law of the People's Republic of China Where the victim suffers material losses as a result of the defendant's criminal conduct, he has the right to initiate an attached civil lawsuit in the course of criminal proceedings. Where the victim dies or loses capacity, the victim's legally-prescribed bystanders or close relatives have the right to raise an attached civil lawsuit.
If state property or collective property suffers losses, the people's procuratorate may initiate an attached civil lawsuit when initiating a public disturbance lawsuit.
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