If a knife wound results in a minor injury, must a real sentence be given?

According to the provisions of law, a person who causes minor injury as a result of intentional injury shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. If the circumstances of the crime are relatively minor, or there are circumstances such as expressions of remorse, a suspended sentence may be announced.

Legal basis: Article 234 of the Criminal Law 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, 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.

Article 72: [Applicable Requirements]Criminals sentenced to short-term detention or up to three years imprisonment may be given a suspended sentence if they meet the following conditions at the same time, and a suspended sentence shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:

1) The circumstances of the crime are relatively minor;

2) Expressions of remorse;

3) There is no risk of recidivism;

4) The probation is declared to have no significant adverse impact on the community in which the person resides.

The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence.

If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.

Because it involves criminal law, if the public prosecution organ prosecutes, you will definitely go to jail.

Minor injuries are punishable by a recidivist. If the crime of intentional injury is constituted, the court generally sentences him to fixed-term imprisonment of not more than three years, short-term detention or controlled release. The crime of intentional wounding and pickpocketing refers to the crime of intentionally and unlawfully harming the physical health of another person.

[Legal basis].Article 234 of the Criminal Law of the People's Republic of China.

Those who intentionally injure the body of others are to be sentenced to up to three years imprisonment, short-term detention, or a system of caution.

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.

Minor injuries are not required to be sentenced, and if the circumstances for exemption from criminal punishment are met, a sentence is not required.

The procedure for handling minor injuries is as follows:

1. The public security organs will require the injured person to conduct an injury appraisal in accordance with relevant regulations according to the condition of the injury, and adopt different treatment methods according to the results of the appraisal;

2. If the appraisal result is a slight injury, it does not meet the standards for filing a criminal case, and the police station will let the two parties conduct civil mediation, and if a compensation agreement can be reached, the general public security organ will only impose a fine, and if it cannot reach a compensation agreement, it may be administratively detained, and the victim can only demand civil compensation, and at the same time require the public security organ to impose a public security punishment on the beater;

3. If the appraisal result is a minor injury, it is already a criminal case, and the public security organ shall file a case for investigation and investigate the criminal responsibility of the beater, and the police station will still let the two parties mediate the civil part, and if the conditions for criminal settlement are met, it will not be handled as a criminal case, and if the conditions for criminal settlement are not met, it will be filed as a criminal case and transferred to the procuratorate for review and prosecution until the court trials;

4. If the appraisal result is a serious injury, the police station will also let the two parties mediate the civil part, but the case will be transferred to the procuratorate for prosecution and trial in the court.

The specific grades of the examination are as follows:

1. Minor injury, which refers to the primary injury caused by various injury factors, resulting in slight damage or slight dysfunction of tissue and organ structure;

2. Minor injury, which refers to damage to a person's limbs or appearance, partial impairment of hearing, vision or other organ functions, or other injuries that have moderate damage to personal health;

3. Serious injury, serious injury generally refers to the injury that causes a person's limbs to be disabled, disfigured, lost hearing, lost vision, lost the function of other organs, or has other major harm to personal health, including serious injuries of the first degree and serious injuries of the second degree.

To sum up, the public security organs conducted an investigation into the specific circumstances of the case and made a reasonable disposition of the case based on the results of the injury examination and the information provided by the parties.

[Legal basis].

Article 3 of the Criminal Procedure Law of the People's Republic of China.

The public security organs are responsible for the investigation, detention, execution of arrest, and preliminary trial of criminal cases. The people's procuratorate is responsible for the prosecution, approval of arrest, investigation of cases directly accepted by the procuratorate, and initiation of public prosecutions. The people's courts are responsible for trials.

Except as specifically provided by law, no other organ, group or individual has the right to exercise these powers.

People's courts, people's procuratorates, and public security organs conducting criminal proceedings must strictly abide by the relevant provisions of this Law and other laws.

To be sentenced. Minor injuries already constitute the crime of intentional injury, and criminal liability will be borne regardless of whether or not mediation can be made. If you take the initiative to compensate the victim for her losses and obtain the victim's forgiveness, you can be sentenced to a suspended sentence, that is, you do not have to go to jail.

Compensation losses include medical stool expenses, lost work expenses, nursing expenses, hospital meal subsidies, transportation expenses and other material losses that are directly lost.

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 coarseness. 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.