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Where a fight causes minor injury, and intentional injury is suspected, a sentence of up to three years imprisonment or short-term detention may be given. However, where the victim has serious fault and voluntarily surrenders, the punishment of the defendant shall be commuted, and the specific sentencing shall be determined on the basis of the specific case and the circumstances of the defense.
According to 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, 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, serious injury, or disability by especially cruel means 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 the Criteria for Determining the Degree of Human Injury, minor injuries refer to physical or facial injuries, partial dysfunction of hearing, vision or other organs, or other injuries that are moderately harmful to human health, including first- and second-degree minor injuries. If Mr. Peng's injuries are not less than minor, then the beater is suspected of intentional injury and will be held criminally liable. In addition to criminal liability, the beater will also be liable for civil compensation.
Where physical injury is caused in accordance with law, compensation shall be made for medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies during hospitalization, necessary nutrition expenses, and other expenses; If the injury reaches the level of disability, disability compensation, disability assistive devices, living expenses for dependents, necessary expenses, nursing expenses, and subsequent expenses actually incurred as a result of care and continuation.
Where it is suspected of intentionally beating or injuring others, the public security bureau shall file a case for investigation, and where the criminal suspect turns himself in, he may be given a lighter punishment.
Article 107 of the Criminal Procedure Law: When public security organs and people's procuratorates discover the facts of a crime or a criminal suspect, they shall file and investigate the case in accordance with their jurisdiction.
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.
Article 67 of the Criminal Law stipulates that a person who turns himself in after committing a crime and truthfully confesses his or her crime shall turn himself in. Those who turn themselves in may be given a lighter or commuted punishment. Of these, where the circumstances of the crime are relatively minor, punishment may be waived.
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It is possible to shoot less for a year or two, because the law will be more lenient for those who choose to turn themselves in. Yes, because only in this way can forgiveness be better obtained.
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At least it can take a year or two less, and if you want to turn yourself in with a minor injury, this minor injury will not be too serious, and you can also solve it privately.
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The sentence is reduced by 2-3 years within the sentencing range, and if it is okay to turn himself in, the sentence can be commuted if he turns himself in.
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This depends on the nature of your sin. Yes, if you turn yourself in, you will definitely apply for a commutation of sentence.
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If the case is not reported, the prosecution period will pass after three years.
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Minor injuries are criminal cases of private prosecution, and criminal cases of private prosecution can be private, and if they are private, they will not be sentenced. The sentence is not more than three years, one to two years in the case of minor injuries in the second degree, and two to three years in the case of minor injuries in the first degree, and civil compensation is attached to the criminal proceedings. It is best to go private under the auspices of the police station, through compensation, the other party does not pursue criminal responsibility and does not prosecute, sign an agreement, both parties sign, and the case is closed, no sentence is given, and no case record is kept.
Of course, the compensation must be paid on the spot, and people will not sign if the money is not paid.
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You're right, and it's a wise choice. How is it judged? It can only be determined after the results of the other party's disability evaluation come out, but if you say that the injury is minor, there should not be much of a problem.
Criminal liability does not impose severe criminal penalties on you. If the other party forgives, there is no need to go to jail at all.
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Voluntary surrender and confession may be increased by about 30% from the base sentence.
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Criminal suspects who surrender may generally have their base sentence reduced by up to 40%, and where the crime is more minor, their base sentence may be reduced by more than 40% or their punishment may be waived in accordance with law.
Legal basis] Article 67 of the Criminal Law stipulates that a person who voluntarily surrenders after committing a crime and truthfully confesses his or her crime is a voluntary surrender. Criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.
Where criminal suspects, defendants, or convicts who are currently serving a sentence who have been subjected to compulsory measures truthfully confess other crimes of themselves that the judicial organs have not yet grasped of the chain, they are to be considered to have turned themselves in. Where criminal suspects do not have the circumstances of voluntary surrender provided for in the preceding two paragraphs, but truthfully confess their own crimes, they may be given a lighter punishment; Where they truthfully confess their own crimes to avoid especially serious consequences, punishment may be commuted.
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The amount of commutation depends on the court's decision, and there is no fixed standard for the law to say how many years a sentence can be commuted if you surrender yourself. However, voluntary surrender is a statutory commutation circumstance, and it can be commuted, and the specific circumstances are at the discretion of the judge. For circumstances of voluntary surrender, the base sentence may be reduced by up to 40% by comprehensively considering circumstances such as the motive, time, and method of voluntary surrender, the severity of the crime, the extent to which the crime was truthfully confessed, and expressions of remorse; where the crime is relatively minor, the base sentence may be reduced by 40% or more, or punishment may be waived in accordance with law.
Except where malicious use of voluntary surrender to evade legal sanctions is not sufficient to give a lenient punishment.
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It is only a lenient punishment, and a lighter punishment is given according to the name and crime committed.
Article 67 of the Criminal Law: [Voluntary Surrender] Those who voluntarily surrender after committing a crime and truthfully confess their own crimes are voluntarily surrendered. Criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.
Where criminal suspects, defendants, or convicts currently serving a sentence who have been subjected to compulsory measures truthfully confess other crimes of their own that are not yet known to the judicial organs, they are to be considered to have voluntarily surrendered.
Where criminal suspects do not have the circumstances provided for in the preceding two paragraphs of voluntary surrender, but truthfully confess their own crimes, they may be given a lighter punishment; Where they truthfully confess their own crimes to avoid especially serious consequences, punishment may be commuted.
Article 68: [Meritorious Service]Where criminals have made meritorious contributions such as exposing the criminal conduct of others, verifying it to be true, or providing important leads, so that they can solve other cases, their punishment may be mitigated or commuted; Where there is major meritorious service, punishment may be commuted or waived.
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Supreme People's Court's Sentencing Guiding Opinions on Common Crimes (2014):
4.For circumstances of voluntary surrender, the base sentence may be reduced by up to 40% based on comprehensive consideration of circumstances such as the motive, time, and method of voluntary surrender, the severity of the crime, the degree of truthful confession of the crime, and expressions of remorse; where the crime is relatively minor, the base sentence may be reduced by 40% or more, or punishment may be waived in accordance with law. Except where malicious use of voluntary surrender to evade legal sanctions is not sufficient for lenient punishment.
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Legal Analysis: For criminals who surrender themselves, the punishment may be mitigated or commuted. Of these, where the crime is relatively minor, punishment may be waived.
Legal basis: Article 67 of the Criminal Law of the People's Republic of China: Those who voluntarily surrender after committing a crime and truthfully confess their own crimes are voluntarily surrendered. Criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.
Criminal suspects, defendants, and convicts who are currently serving a sentence of wild hail who have been subjected to compulsory measures and truthfully confess to other crimes of their own that have not yet been grasped by the judicial organs, are to be considered to have surrendered.
Where suspects do not have the circumstances of voluntary surrender provided for in the preceding two paragraphs, but truthfully confess their own crimes, they may be given a lighter punishment; Where they truthfully confess their own crimes to avoid especially serious consequences, punishment may be commuted.
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