How to determine the crime of intentional wounding, and how to convict intentional wounding

The conviction for intentional wounding is as follows:

1. If a person is slightly injured, the crime of intentional injury is constituted, and the sentence is up to three years imprisonment, short-term detention or controlled release;

2. Whoever causes serious injury shall be sentenced to fixed-term imprisonment of 3 to 10 years;

3. Whoever causes death shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death;

4. If a person is slightly injured or less, a public security penalty shall be given.

The constituent elements of intentional wounding are as follows:

1. The object of the infringement is the right to physical health of others, and the so-called right to body refers to the personality right of a natural person to maintain the integrity of his limbs, organs and other tissues;

2. Objectively, there should be behaviors that damage the body of others. The act of bodily harm to another person must be carried out illegally. In order to constitute the crime of intentional injury, an act of bodily harm to another person must cause a certain degree of bodily harm to another person;

3. The subject of the crime of intentional injury is a general subject;

4. The crime of intentional injury is manifested as intent in the subjective aspect. That is, the perpetrator clearly knows that his or her actions will cause harm to the physical health of others.

Legal basisArticle 234 of the Criminal Law of the People's Republic of China.

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.

Legal Analysis: It is not determined that it is the crime of intentional wounding: (1) The object of the crime is the physical health of others. (2) The objective aspect of the crime is that the perpetrator has carried out an act that illegally harms the physical health of others.

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, 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.

Legal Analysis: The crime of intentional wounding refers to the crime of intentionally and unlawfully harming the physical health of others. There are four types of damage, including:

Injuries resulting in death, serious injuries, minor injuries, minor injuries. Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release.

Legal basis: 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 and causes 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 the death penalty.

Where this Law provides otherwise, follow those provisions.

The crime of intentional injury refers to the act of intentionally and unlawfully harming the health of another person's body. Specifically, it refers to the behavior of Danyin Liquid knowing that its behavior will harm the health of others, and hoping or allowing such a result to occur. The result of the crime of intentional injury is to cause damage to the health of another person.

According to the consequences of the injury, the criminal law is divided into three situations: minor injury, serious injury, and injury resulting in death.