How to distinguish between intentional wounding and negligent wounding

The crime of intentional injury refers to the act of intentionally and unlawfully harming the physical health of another person. The object of this crime is the right of another person to physical health, that is, the right of a natural person other than himself to maintain the integrity and normal functioning of his limbs, organs and tissues. The object of the crime must be another person, and it does not constitute a crime if he causes damage to his or her own physical health, but a soldier who injures himself or herself during combat to evade his duty to fight may constitute the crime of self-injury in wartime.

Objectively, it is manifested as an act that illegally harms the physical health of others. First of all, the act of harming the physical health of another person must be illegal, and the act of lawfully harming the physical health of another person does not constitute a crime, such as legitimate defense. Second, there must be an act that harms the physical health of others, that is, an act that destroys the integrity of the limbs and tissues of another person's human body or damages the normal functions of human tissues, limbs, and organs.

The subject of this crime is a general subject, that is, a natural person who is at least 16 years old and has the capacity for criminal responsibility, but where intentional injury causes serious injury or death, the subject is a natural person who has reached the age of 14 and has the capacity for criminal responsibility, and its subjective aspect is the intention to unlawfully harm the physical health of others, including direct and indirect intention.

However, in the case of intentional injury resulting in death, the perpetrator has the intention to cause the result of the injury, and the mental attitude towards the result of the death must be negligent; In the case of indirect intentional injury, the crime of intentional homicide can only be established if the result of damage to the physical health of others occurs, but not by allowing the result of death to occur.

China's Criminal Law only stipulates the crime of "causing serious injury by negligence", and negligence causing minor injury is not considered to constitute a crime. The crime of causing serious injury by negligence refers to the act of causing serious injury to another person due to negligence.

First, it must result in serious injury to others;

Second, there must be a causal link between the negligent act and the result of the serious injury. The subjective aspect of the offence is negligence, which can be negligent or overconfident, i.e. the perpetrator should have foreseen that his or her act might result in injury, and because of negligence, he did not foresee it or had foreseen it and believed that it could have been avoided, resulting in serious injury. Its main body is a general subject.

From the above, it can be seen that the key to determining whether an act is intentional or negligent is the subjective aspect of the perpetrator. If they have an intentional attitude towards the result of the injury, it is found to be the crime of intentional injury; Wrongful wounding is established if the result of the injury is merely caused by negligence or self-confidence.

In addition, in the case of intentional injury causing death and negligious causing death, both objectively caused the result of death, and subjectively there was no intention to deprive others of their lives. The difference is that where intentional injury causes death, the perpetrator subjectively has the intent to injure, but the result of the death is negligence, which is a complex crime; However, the perpetrator of negligent death is subjectively only at fault for the result of death, and subjectively has no intention of harming.

There are two types of intentionality, one is direct intention, that is, subjectively and actively pursuing the occurrence of harmful results, and the second is indirect intentional, that is, subjectively allowing the occurrence of harmful results.

The essential difference between negligence and intent is that negligence does not want to cause harm, and it is against the will of the actor, but it will only result because the actor is negligent or overconfident.

The two are not difficult to distinguish.

The qualitative criteria for negligent wounding and intentional wounding are as follows:

1. The essential difference between negligent injury and intentional injury is that negligence does not want to have an harmful result, which is against the will of the actor, but it will only occur because the actor is negligent or overconfident.

2. There are two situations of intentional injury, one is direct intent, that is, subjectively and actively pursuing the occurrence of the harmful result, and the second is indirect intentional probation, that is, subjectively allowing the harmful result to occur, which may constitute the crime of intentional injury.

The crime of intentional injury refers to the act of intentionally and unlawfully harming the physical health of others, the object of the crime of intentional injury is the right to physical health of others, the object of the crime must be others, and the harm caused to one's own physical health does not constitute a crime. In the objective aspect, it is manifested as an act that unlawfully harms the physical health of others, first of all, the act that harms the physical health of another person must be illegal, and the act of lawfully harming the physical health of another person does not constitute a crime.

The subject of the crime of intentional injury, You Na Tu, is a general subject, that is, a natural person who has reached the age of 16 and has the capacity for criminal responsibility, and its subjective aspect is the intention to unlawfully harm the physical health of others, including direct intention and indirect intention. In the case of indirect intentional injury, the perpetrator can only allow the occurrence of damage to the physical health of others, but not the occurrence of death, otherwise the crime of intentional homicide is established.

The subjective aspect of negligent injury is due to negligence, which can be negligence or overconfidence, that is, the actor should have foreseen that the result of his act might cause injury, and because of negligence, he did not foresee or had foreseen it and believed that it could be avoided, so as to cause serious injury, and the subject of the act is an ordinary subject, and does not constitute the crime of intentional injury.

Legal basis

Criminal Law of the People's Republic of China

Article 234: [Crime of 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, shall 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 235: [Crime of Causing Serious Injury by Negligence] Whoever negligently injures another person causing serious injury shall be sentenced to up to three years imprisonment or short-term detention.

Where this Law provides otherwise, follow those provisions.

Legal Analysis: Where an actor who meets the requirements of the subject of the crime commits an act of harm under the control of intentional harm, causing bodily harm to others, and the level of minor injury is reached, it may be found that the crime of intentional injury has been completed. Where intentional injury causes serious injury, there are two situations:

First, the perpetrator clearly had the intent to only cause minor injury, but negligently caused serious injury; The second is that the perpetrator clearly had the intent to seriously injure himself, and objectively Shen Li also caused serious injuries. Intentional injury resulting in death is a typical aggravating circumstance. Where intentional injury does not cause death, it must not be found to be an attempt to intentionally cause death, and if there is subjective intent to intentionally cause death, it shall be found to be intentional homicide.

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 and causes serious injury to a person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, or where the death of the person is seriously injured by especially cruel means, the sentence of fixed-term imprisonment of not less than 10 years, indefinite imprisonment or death is to be given. Where this Law provides otherwise, follow those provisions.

Article 2: Whoever negligently injures another person causing serious injury shall be sentenced to up to three years imprisonment or short-term detention. Where this Law provides otherwise, follow those provisions.

The characterization of negligent wounding and intentional wounding is as follows:

Intentional injury is the act of intentionally causing bodily harm to another person. To constitute the crime of intentional injury, a person must have committed an act of harm, and by "harm" means an act that harms the physical health of another person. However, these acts of harm must be unlawful, and if they injure another person's body as a result of lawful acts such as legitimate self-defense, they do not constitute the crime of intentional injury.

Intentional injury is the act of intentionally harming the physical health of another person. Minor circumstances will only result in fines or detention, and serious circumstances will require criminal liability.

Number of years of imprisonment for the crime of intentional injury:

1. The crime of intentional injury shall generally be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release;

2. Intentionally injuring another person, and if causing serious injury to another person, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;

3. Anyone who intentionally injures another person or causes serious injury to another person by particularly cruel means, causing serious disability, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

To sum up, the crime of intentional injury requires that the offender subjectively intentionally injure others, while the crime of causing serious injury by negligence does not have the intent to injure others. Whoever intentionally injures the body of another person is to 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;

Legal basis

Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments.

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. 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 beating or injuring 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.

Legal analysis: to distinguish between intentional and negligent, it depends on the subjective will of the act, if it is knowing that it will cause harm or hoping that the harmful result will occur, it is intentional, and if it should have been foreseen but did not foresee or was confident that it could be avoided, it is negligence.

Legal basisCriminal Law of the People's Republic of China》 Article 230 Whoever intentionally injures another person's body or harasses him or her 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.