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Second-degree minor injuries shall constitute the crime of intentional injury and shall be sentenced to up to three years imprisonment, short-term detention or controlled release.
1. Article 384 of the Criminal Law of the People's Republic of China stipulates that anyone who intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term 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.
2. 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.
3. Whoever intentionally injures another person causing serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. In accordance with the provisions of Article 96 of the Criminal Law, the term "serious injury" here refers to any of the following circumstances: (1) mutilating a person's limbs or disfiguring a person's appearance; (2) Causing a person to lose hearing, vision or other organ functions; (3) Other serious harm to personal health.
Among them, "other major injuries to human health" mainly refers to complications other than the above-mentioned serious injuries that are life-threatening at the time of injury or can cause life-threatening complications during the injury, as well as other injuries that seriously affect human health, mainly including craniocerebral injury, neck injury, chest injury, abdominal injury, pelvic injury, spinal cord injury, burns, scalds, frostbite, electric shock injury, injuries caused by physical, chemical or biological and other injury factors. On March 29, 1990, the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security issued the Standards for the Appraisal of Serious Human Injuries. In judicial practice, the appraisal of serious injuries is mainly carried out in accordance with the Standards for the Appraisal of Serious Human Injuries.
4. Whoever intentionally injures another person causing death, or causes serious injury to another 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. The term "causing death" here refers to the result of the perpetrator's death due to the perpetrator's intention to harm the health of others, but the victim's death is caused by the victim's lack of timely or effective treatment after the injury or due to other reasons. "Particularly cruel means" refers to the act of intentionally causing serious disability to others and using particularly cruel means such as disfiguring them, gouging out people's eyes, or cutting off people's feet.
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According to the description, the other party is suspected of the crime of intentional injury, and under normal circumstances, it may be sentenced to up to three years in prison, criminal detention or public surveillance.
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1. If the beater is slightly injured in the second degree, it is necessary to investigate the criminal responsibility of the beater, and the beater is suspected of constituting the crime of intentional injury, and may be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
2. Basis: Criminal Law
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, 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.
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Article 234 of the Penal Code provides for imprisonment for up to three years.
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How many years is the second-degree sentence for minor injuries, and the specific situation:
1. Second-degree sentencing for minor injuries needs to be seen whether the victim's forgiveness has been obtained. where it causes minor injuries to other Daxin, he is to be sentenced to up to three years imprisonment, short-term detention or controlled release;
2. If the criminal suspect admits guilt well, actively compensates, reconciles with both parties and obtains a letter of understanding, the court may impose a suspended sentence.
1. How to judge the second-level law of beating and slightly injuring someone.
Minor injuries in the second degree may constitute the crime of intentional injury or the crime of assembling a crowd to fight, and under ordinary circumstances, a sentence of up to three years imprisonment, short-term detention or controlled release will be imposed;
When the circumstances are serious, the sentence is to be three or more years imprisonment. In judicial practice, most second-degree minor injury cases are sentenced to one to three years in prison or suspended.
The crime of intentional injury refers to the perpetrator's conduct of intentionally injuring the body of others, causing minor injuries and above consequences, and it is the victim's right to physical health that is protected.
2. How should minor injuries be judged if they do not understand in the second degree.
Under normal circumstances, if the injured party intentionally injures the other party and causes minor injuries of the second degree, and the injured party does not understand, the person will be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention or controlled release according to the law. If there is a letter of understanding from the injured party, the court will generally give a lighter punishment, and if there is no letter of understanding from the other party, the punishment will generally not be increased, but the possibility of a second-degree minor injury is generally a real sentence, in addition to compensating the other party for medical expenses, lost work expenses caused by the injury, nursing expenses, etc., according to the circumstances.
3. The minimum sentence for minor injuries is several months.
Where a fight causes minor injury, and the crime of intentional injury is suspected, a sentence of up to three years imprisonment, short-term detention, or controlled release shall be given in accordance with provisions. The latest criteria for the identification of minor injuries are based on the "Criteria for the Identification of the Degree of Human Injury", which came into effect on January 1, 2014. Among them, the second level of minor injury is the lower limit of minor injury, which is connected with the first level of minor injury, and the upper limit of first level of minor injury is connected with the second level of serious injury; The upper limit of minor injuries is connected with the second level of minor injuries, and where the criteria for minor injuries are not met, they are not to be identified as minor injuries.
Article 234 of the Criminal Law stipulates that 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. According to this article, a minimum control may be imposed for a period of not less than three months but not more than two years.
According to the above provisions, the maximum sentencing range for minor injuries is three years, but in actual sentencing, it is affected by the circumstances, remorseful attitude, age, compensation situation, etc., for example, if compensation is actively made, a suspended sentence can be given if a letter of forgiveness from the victim is obtained. A lighter sentence may also be imposed, and if minor injuries are caused, a suspended sentence or a waiver of criminal punishment may also be imposed.
1. An attached civil lawsuit may be filed to demand the payment of personal injury compensation. Attached civil litigation shall generally be submitted with a pleading, clearly stating the circumstances of the parties, the details of the case, and the specific litigation demands, and presenting corresponding evidence. Where it is truly difficult to write a complaint, a lawsuit may be filed orally. >>>More
1) Where intentional injury causes minor injury to one person, the injury is close to a slight injury, the social impact is not great, the victim is at fault, or the defendant fully compensates the victim for economic losses, it is a short-term detention sentence or controlled release sentence; >>>More
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Intentional injury resulting in death or severe disability by extremely cruel means shall be punishable by imprisonment for a term of not less than 10 years, life imprisonment or the death penalty. The perpetrator subjectively had the intent to harm others, and was negligent in the victim's death. Surrendering immediately after the injury results in death is a statutory mitigating circumstance, but the sentencing must be decided by the judge on the basis of the circumstances of the case. >>>More