How to sentence a person who broke into a house with a knife and caused minor injuries

According to Article 43 of the "Public Security Administration Punishment Law": "Whoever assaults another person, or intentionally injures another person's body, 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.

1) Gang up to beat or injure others;

2) Beating 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. ”

Causing minor injury to the victim is a violation of management, and the perpetrator shall be given an administrative punishment for public security in accordance with the above provisions in accordance with law.

Just copy and paste it over.,I have angina pectoris when I see it.,No one sees the four words that are so big as trespassing on a private house? According to the Public Security Administration Punishment Law, the focus has not been found! Article 245 of the Criminal Law [Crimes of Illegal Searches and Illegal Invasion of Residences] Whoever illegally searches another person's body or residence, or illegally trespasses into another person's residence, is to be sentenced to up to three years imprisonment or short-term detention.

Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.

Criminal Law Article 234] Whoever intentionally harms 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 and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years (this is on the premise that the other party does not use a knife to stab or kill or other acts).

If the other party has ** and other behaviors, but is avoided by the victim, it constitutes an attempted homicide. How can it be impossible to punish several crimes and punish only one person for violating the "Public Security Administration Punishment Law", laugh angrily!

Upstairs is right. If the other party robs property, it is a felony robbery, even if the other party only says something like "where is the money", he has already constituted a knife burglary, although it does not constitute a minor injury, but he enters the house with a knife and injures others' bodies, and the circumstances are also very bad.

If it does not constitute a minor injury, then it will not be prosecuted for criminal liability.

When he came, he brought 2 of them, and threatened to kill him, stabbed him, and refused to leave at home, and finally the 2 men dragged him away. What crime does this constitute in this case, and does it count as attempted homicide? Is it enough to sentence?

Did you rob any property? If there is, it is a burglary, a felony.

Breaking into a private house and injuring someone with a knife is suspected of constituting the crime of intentional injury and trespassing on a house at the same time, and if it is found to constitute two crimes, it will definitely be punished for multiple crimes. According to the relevant laws and regulations, it is forbidden to illegally search or illegally invade a citizen's residence, and intentionally injure the body of another person, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.

1. What is the crime of breaking into a private house and beating someone?

The private residence is suspected of trespassing into a home. The specific penalties are as follows according to the Criminal Code:

1. Anyone who 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;

2. Where the crime in the preceding paragraph is committed, causing serious injury, a sentence of between three and ten years imprisonment shall be given;

3. Anyone who illegally searches another person's body or house or illegally trespasses into another person's house shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.

2. How to punish someone who sneaks into a private house.

Where a person breaks into a house and beats someone, it may constitute the crime of trespassing and intentional injury. The Criminal Law stipulates that a person who intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. where serious injury is caused, the sentence is between three and ten years imprisonment; 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.

3. What is the crime of breaking into a private house and hurting people?

Trespassing is suspected of trespassing on a dwelling. However, if the assault causes more than minor injuries to the person, it may constitute the crime of intentional injury; If a person is slightly injured, punishment shall be imposed in accordance with the Public Security Administration Punishment Law.

According to article 234 of the Criminal Law, 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 shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Article 245 stipulates that anyone who illegally searches the body or residence of another person, or illegally trespasses into another person's home, shall be sentenced to three years' imprisonment or criminal detention.

Article 39 of the Constitution of the People's Republic of China provides that the homes of citizens of the People's Republic of China shall be inviolable. It is forbidden to unlawfully search or trespass into citizens' homes.

Article 234 of the Criminal Law of the People's Republic of China provides that whoever intentionally harms 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 and causes serious injury shall 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 repents of causing 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.

Article 234-1 Whoever organizes others to sell human organs is sentenced to up to five years imprisonment and a concurrent fine; where the circumstances are serious, a sentence of five or more years imprisonment and a concurrent fine or confiscation of property is to be given. Whoever removes his or her organs without his consent, or from a person under the age of 18, or forces or deceives others into donating organs, is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law. Where organs from corpses are removed against the person's prior wishes, or where the person did not express their consent before their death, violating state regulations, and harvesting their corpse organs against the wishes of their close relatives, it is to be convicted and punished in accordance with the provisions of article 302 of this Law.

To be sentenced, the sentencing standard for trespassing on a private house with a knife and intimidating the occupants is about three years in prison, which is absolutely already constituted the crime of "trespassing on a dwelling." If the victim is seriously injured in the process of intimidation with a knife, the final sentencing standard for the crime of intentional injury and the crime of trespassing on a dwelling will definitely exceed the three-year fixed-term imprisonment. Article 245 of the Criminal Law Whoever illegally searches another person's body or residence, or illegally trespasses into another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.

Article 245 of the Criminal Law Whoever illegally searches another person's body or residence, or illegally trespasses into another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment. Article 234:Whoever intentionally injures the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release.

Whoever commits the crime in the preceding paragraph and causes serious injury shall 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 who has lost a guess or causes serious injury to 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. If this law has other provisions on the type of stool for coarseness, follow the provisions.

Legal Analysis: The nature of the case should be determined according to the specific circumstances and consequences. If the assault constitutes a suspected crime of injury with more than minor injuries, criminal responsibility should be pursued based on the specific circumstances; If it is a minor injury, it shall be punished by public security.

Legal basis: 1. 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 up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph and causes serious injury 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, imprisonment for an unformed stove, or death.

Where this Law provides otherwise, follow those provisions. 2. Article 43 of the "Public Security Administration Punishment Law of the People's Republic of China" Whoever assaults another person, or intentionally harms the body of another person, 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) Beating 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.