If the judgment of the second instance of minor injuries is changed, why does the lawyer say that so

In the vast world, there are countless lives, some great, some small, but what I admire the most is a humble but tenacious plant - cactus. I fell in love with cacti because of a pot of craft cacti (the kind of potted cacti with colored leaves), and that day, I went to the flower market with a few friends, and after entering, I took a casual look and said to the boss, "I want the best pot of flowers."

He brought me a pot of coloured cacti and said, "Let it be!" You can live without watering for a month.

I said, "Okay! After that, I took it home and looked at it closely, and it came in all kinds of shapes, from round to long strips......There are also many colors, red, yellow, green, ......The thorns are always protected from external aggression, and it does not have the strong roots of other plants, but it has a strong shell that many plants do not have.

It can be seen that God is fair, and if he closes one door, he will definitely open another window. Suddenly, I had the idea to open it and see what was inside, so I started to do it, I held it with a thick piece of paper, I wore a pair of gloves, and I held a knife, but I didn't know what to do, and finally cut it vertically. It was not the hard inner shell I imagined, but the kind of juicy state, like a drop of green teardrops that flowed out before it died, it turned out that its heart was so fragile, it seemed that I had "poisoned the creature", I really regretted it, of course, I couldn't bear to throw it away, so I had to tie the cut with a thread and re-implant it in the basin.

Two weeks later, something unexpected happened, the leaves that had been cut in half actually grew together again, and it came back to life. I was amazed at how tenaciously it struggled back from the brink of death, and at this time it continued to grow and grow with its vigorous vitality, and ......I immediately looked up everything about cacti on the Internet, and it turned out that it is still so powerful: it can be used for burns, scalds, mosquito bites and other anti-inflammatory purposes, and it can be eaten ...... by removing the shellIt's an amazing plant.

It is tenacious, but flashy, just for this, we should also respect it and love it!

Legal analysisWhere minor injuries are caused in the second degree, after reconciliation with the victim, the sentence is generally still given, but the defendant is to be given a lighter punishment in accordance with law; If the circumstances of the crime are minor and no criminal punishment is required, the procuratorate may make a decision not to prosecute and the sentence will not be imposed. It is likely that the court will impose a suspended sentence, as minor injuries in the second degree are less serious. Moreover, if there is already a letter of understanding from the victim, the court will sentence the defendant to a suspended sentence.

The specific compensation depends on how much your specific loss is, such as medical expenses, lost work expenses, nursing expenses, etc., and make a disability appraisal to see whether it constitutes a disability, how many levels of disability, different disability levels have different standards for one-time disability compensation.

Legal basisCriminal Law of the People's Republic of China Article 234 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.

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.

Article 72: Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if the following conditions are met at the same time, and suspended sentences 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) Showing remorse; (3) There is no risk of recidivism; (4) The suspended sentence is declared to have no major adverse impact on the community in which they reside. 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.

Legal Analysis: Minor Injuries Level 2 If the victim himself is willing to mediate, the court will organize mediation. In China, the current legal provisions do not stipulate that the court must mediate or mediate several times for minor injuries or minor injuries.

Only when the court fails to organize mediation, the court shall make a reasonable judgment in a timely manner based on the facts of the case.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 288: In the following public prosecution cases, where the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through methods such as compensating the victim for losses or making formal apologies, and the victim voluntarily settles, both parties may settle: (1) In cases caused by civil disputes, where a criminal suspect is suspected of a crime provided for in Chapters 4 and 5 of the Special Provisions of the Criminal Law, and a sentence of up to three years imprisonment might be given; (2) Cases of crimes of negligence other than crimes of dereliction of duty that might be sentenced to up to 7 years imprisonment.

Where criminal suspects or defendants have intentionally committed crimes within 5 years, the procedures provided for in this chapter do not apply.

Causing minor injuries in the second degree, constituting the crime of intentional injury, according to 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.

However, in general, in cases of minor injuries caused by disputes, where the victim does not accept mediation, or the inflated price of compensation to the infringer makes it impossible to carry out mediation, the court does not consider that the defendant has a bad attitude in admitting guilt and does not actively compensate the victim.

Where the second degree of minor injuries has already been mediated, and the other party is at fault, how might they be sentenced to up to three years imprisonment, short-term detention, or controlled release, or where the perpetrator subjectively only wants to cause minor injuries, but in fact does not cause minor injuries, it is not appropriate to treat it as a crime.

Whoever intentionally harms another person's body on the basis of article 234 of the Criminal Law of the People's Republic of China is to be sentenced to up to three years imprisonment, short-term detention or controlled release.

Where minor injuries are intentional, there is no issue of attempted crime, that is, where the perpetrator subjectively only wants to cause minor injuries, but in fact does not cause minor injuries, it should not be treated as a crime.

Where minor injuries have already been caused, the crime of intentional injury is constituted, and in accordance with the provisions of the Criminal Law, where the social impact is not great, the victim is at fault, or the defendant fully compensates the victim for economic losses, the base sentence is short-term detention or controlled release. The two parties have conducted mediation, indicating that the defendant has compensated the victim for various economic losses and reached a criminal understanding document, which is a mitigating circumstance, and the crime is still established in this case, not because there is no circumstance of intentional injury after mediation, in view of this situation, he can be released on bail and tried later, and he may be sentenced to short-term detention with a suspended sentence or controlled release. Among them, control is not to detain criminals, but to restrict their freedom, and to carry out community corrections in accordance with the law.

Relevant provisions: Article 234 of the Criminal Law stipulates: 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. "Up to three years imprisonment, short-term detention, or controlled release" refers to the sentencing standard for intentionally causing minor injuries.

1) Where intentional harm causes minor injuries (the injuries are close to minor injuries or are understood to be minor injuries of the second degree), the social impact is not great, the victim is at fault, or the defendant fully compensates the victim for economic losses, the base sentence is short-term detention or controlled release;

2) Where bodily harm is intentionally inflicted on others, and although it constitutes a minor injury, the injury is close to a slight injury, the base sentence is 6 months imprisonment; where the injuries are between mild and severe, the base sentence is one year imprisonment; Where the injury is close to serious injury (understood as a first-degree minor injury), the base sentence is one year and six months imprisonment.

Legal analysis: Whether the second-level court for minor injuries will sentence after mediation needs to be judged according to the specific type of case. If it is a public prosecution case, because it is a public prosecution initiated by the procuratorate, and the procuratorate generally sends Lu Mo will not apply to withdraw the prosecution, so the minor injury case will still be sentenced after the court mediates successfully, but a suspended sentence is generally applied.

If it is a private prosecution case, because the private prosecutor can apply for withdrawal of the lawsuit, and after the mediation is successful, the private prosecutor can apply for withdrawal of the lawsuit, and the court will generally rule to allow the withdrawal of the lawsuit.

Legal basis: Article 51 of the Criminal Procedure Law of the People's Republic of China: The people's procuratorate bears the burden of proof of the defendant's guilt in a public prosecution case, and the burden of proof of the defendant's guilt in a private prosecution case is borne by the private prosecutor.