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It depends on who strikes first, whether the latter constitutes legitimate defense, and so on. If one of the parties is seriously injured, the matter is serious, and the public security organs will definitely file a case for investigation, and then hand it over to the procuratorate for prosecution and trial by the court. If the injury is minor or serious, it may be filed for investigation as picking quarrels and provoking trouble, and then handed over to the procuratorate for prosecution and trial by the court.
If both parties suffer minor injuries, the public security organs may or may not file a case, and if the public security does not file a case, the victim has the right to file a lawsuit in court. In practice, the public security organs may ask the two parties to agree to settle the issue of compensation, and generally will not file a case and prosecute it. At present, most of the handling methods of the public security organs are to let the contradictions be resolved as soon as possible, rather than necessarily following procedures.
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This depends on the injury and the degree of subjective malice of the stabber, etc., the public security will generally identify the injury, minor injury, minor injury, serious injury and other results are different, generally minor injuries will organize mediation compensation, at most administrative detention (not sentencing), minor injuries and serious injuries may enter the lawsuit, sentenced to punishment, but minor injuries if not disabled public security will also mediate, if the public security has a relationship, it is best to follow up in time, can choose criminal reconciliation will lose money.
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Brother, both of these sides are hurt, you find a good lawyer, find someone, turn a big thing into a small thing, and if you betray, you will carry this reputation for the rest of your life.
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Legal Analysis: Negligence, Justifiable Defense, and Intentional Conduct. Sentencing varies from case to case.
If the purpose is to kill the other person, stabbing someone will constitute the crime of intentional homicide. If it is a negligent stabbing of another person, it will constitute the crime of negligence causing death. Intentionally stabbing a person but the victim is not dead will constitute the crime of intentional injury.
Whoever causes death by negligence is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and where the circumstances are more minor, is to be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
Intentional homicide is to be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years, and where the circumstances are less serious, to fixed-term imprisonment of not less than three years but not more than 10 years.
Intentional injury causing minor injury to a person is fixed-term imprisonment of not more than three years, and short-term detention and controlled release. Serious injury is between three and ten years imprisonment, and cruel means cause serious injury to a person and serious disability is not less than 10 years imprisonment, life imprisonment or death. Where this Law provides otherwise, follow those provisions.
Legal basis: Criminal Law of the People's Republic of China
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, 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 238:Whoever unlawfully detains others or unlawfully deprives others of their physical liberty by other means is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights. Where there are circumstances of beating or insulting, a heavier punishment is to be given. 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; and where death is caused, the sentence is to be 10 or more years imprisonment.
Where violence is used to cause injury or death, it is to be convicted and punished in accordance with articles 234 and 232 of this Law.
Article 247:Where judicial personnel extort confessions by torture or use violence to extract testimony from witnesses against criminal suspects or defendants, they are to be sentenced to up to three years imprisonment or short-term detention. and where a person is injured or killed, it is to be convicted and given a heavier punishment in accordance with the provisions of articles 234 and 232 of this Law.
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It depends. If a person is injured with a knife and causes minor injuries, it is a criminal case and criminal responsibility is required, and a sentence will be imposed. 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, and whoever causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 48 of the Criminal Law The death penalty shall be applied only to criminals who have committed extremely serious crimes. For criminals who should be sentenced to death, if it is not necessary to carry out the sentence immediately, the death penalty may be given and a two-year reprieve. Except where the death penalty is adjudicated by the Supreme People's Court in accordance with law, it shall be reported to the Supreme People's Court for examination and approval.
Where the death penalty is suspended, the High People's Court may make a judgment or approve it. Article 49: The death penalty does not apply to persons who were under the age of 18 at the time of the crime and to women who were pregnant at the time of trial. The death penalty shall not be applied to a person who has reached the age of 75 at the time of trial, except where death is caused by particularly cruel means.
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Summary. Stabbing a person is a crime of intentional injury. 1.
According to the provisions of the Criminal Law of China, the sentence for the crime of intentional injury is divided into three grades2Minor injuries: The maximum sentence is up to 3 years imprisonment, short-term detention or controlled release, and/or a fine.
3.Serious injury: up to 3-10 years imprisonment and a fine.
4.Particularly serious injury: The maximum sentence is fixed-term imprisonment of not less than 10 years, life imprisonment or death, and a fine.
Stabbing a person is a crime of intentionally harming the old stool. 1.According to the provisions of the Criminal Law of China, the sentence for the crime of intentional injury is divided into three grades2
Minor injuries: The maximum sentence is up to 3 years imprisonment, short-term detention or controlled release, and a fine or fine. 3.
Serious injury: up to 3-10 years imprisonment and a fine. 4.
Particularly serious injury: The maximum sentence is fixed-term imprisonment of not less than 10 years, life imprisonment or death, and a fine.
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