If I intentionally hurt her and suffered minor injuries in the first degree, can I be released on ba

Updated on society 2024-05-03
21 answers
  1. Anonymous users2024-02-08

    You can get a suspended sentence if you meet the following conditions, so it's best to get the victim's forgiveness so that the punishment will be mitigated.

    The conditions for the application of suspended sentences in China's Criminal Law are that for criminals sentenced to short-term detention or up to three years imprisonment, a suspended sentence may be announced if the following conditions are met 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.

  2. Anonymous users2024-02-07

    Intentional injury causing minor injury to another person is a criminal case, and it is possible to sentence a sentence, so it is difficult to release bail without negotiation and mediation with the other party, unless there are statutory conditions for bail probation, such as pregnancy, lactation, etc.

  3. Anonymous users2024-02-06

    Where intentional injury to another person is disabled or a first-degree injury, bail cannot be granted if the injured person does not withdraw the prosecution, and state laws and regulations clearly stipulate that the public security organs should handle it in accordance with state laws and regulations, conscientiously and sincerely admit guilt, have a good attitude, and strive for leniency and leniency.

  4. Anonymous users2024-02-05

    Intentional injury to oneself has been committed and cannot be released on bail.

  5. Anonymous users2024-02-04

    There are 10 levels of minor injury certification, the first level of disability is more serious, and the other party's intentional injury constitutes a minor injury and needs to bear civil compensation and criminal liability, and the court will make a judgment in accordance with the law. As for bail, the public security organ will determine whether the bail conditions can be met and the bail requirement can be requested according to the other party's physical condition and other reasons, and there is no conflict with the court's judgment.

  6. Anonymous users2024-02-03

    In this case, if you can compensate the parties with money, the losses here include ** expenses and moral compensation, etc., there should be no problem. If you can't, you can ask a lawyer to help you get out on bail, because minor injuries are not very serious.

  7. Anonymous users2024-02-02

    If the victim is not pursued, he can be released on bail.

  8. Anonymous users2024-02-01

    Legal Analysis: Whoever intentionally injures another person causing minor injuries of the first degree, and does not obtain the victim's forgiveness, shall be sentenced to fixed-term imprisonment of not more than three years, controlled release or short-term detention. Where the perpetrator intentionally harms the body of others, and upon evaluation by the relevant departments reaches the level of minor injury, it will provoke suspicion and teasing to constitute a criminal offense, and the crime of intentional injury is suspected.

    If the forgiveness of the victim and his or her family can be obtained, the punishment may be appropriately reduced. Those who fail to obtain forgiveness from the victim's family are generally sentenced to one to two years in prison in practice.

    Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally injures or sells 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. Megadigs.

  9. Anonymous users2024-01-31

    suspected of intentional injury shall be sentenced to up to three years imprisonment, short-term detention or controlled release. Actively compensate the victim and obtain the victim's forgiveness, and may obtain a suspended sentence.

    So, under what circumstances can non-parties settle between the parties?

    1) Cases arising from civil disputes that are suspected of crimes provided for in chapters 4 and 5 of the Criminal Law's special provisions, and might be sentenced to up to three years imprisonment;

    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.

    3) Where both parties settle, the public security organs, people's procuratorates, and people's courts shall hear the opinions of the parties and other relevant persons, conduct a review of the voluntariness and legality of the settlement, and preside over the drafting of the settlement agreement.

    4) In cases where a settlement agreement has been reached, the public security organs may submit a recommendation for leniency to the people's procuratorate. The people's procuratorate may submit a recommendation for lenient punishment to the people's court; Where the circumstances of the crime are minor and no criminal punishment is required, a decision may be made not to prosecute. The people's court may give a lenient punishment to the defendant in accordance with law.

    Under what circumstances can a suspended sentence be declared?

    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 above is about the crime of intentional injury causing minor injury in the second degree, and the corresponding handling after obtaining the other party's understanding, are you clear?

    Legal basis: Article 288 of the Criminal Procedure Law: 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) Cases arising from civil disputes that are suspected of crimes provided for in chapters 4 and 5 of the Criminal Law's special provisions, and might be sentenced to up to three years imprisonment;

    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.

    Article 289:Where both parties settle, the public security organs, people's procuratorates, and people's courts shall hear the opinions of the parties and other relevant persons, conduct a review of the voluntariness and legality of the settlement, and preside over the drafting of the settlement agreement.

    Article 290:In cases where a settlement agreement is reached, the public security organs may submit a recommendation for leniency to the people's procuratorate. The people's procuratorate may submit a recommendation for lenient punishment to the people's court; Where the circumstances of the crime are minor and no criminal punishment is required, a decision may be made not to prosecute. The people's court may give a lenient punishment to the defendant in accordance with law.

  10. Anonymous users2024-01-30

    The victim suffered minor injuries of the first degree, which constitutes the crime of intentional injury, and under normal circumstances, can be sentenced to one to two years in prison.

    The first paragraph of 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.

  11. Anonymous users2024-01-29

    Where up to three years imprisonment is short-term detention or controlled release, a concurrent fine may be imposed.

  12. Anonymous users2024-01-28

    There is a greater likelihood of a substantive sentence, usually less than three years, and you may consult in a private message.

  13. Anonymous users2024-01-27

    If the victim is slightly injured in the first degree, whether the victim will be sentenced depends on the specific judgment of the court.

    There are many sentencing circumstances that the court should consider when making a judgment, in accordance with the provisions of the "People's Court's Sentencing Guiding Opinions (Provisional)":

    Where the crime of intentional injury is established, the starting sentence may be determined within the corresponding range on the basis of the following different circumstances: Where intentional injury causes minor injury to one person, the starting sentence may be determined within the range of 6 months to 1 year and 6 months imprisonment.

    Where the victim's economic losses are actively compensated, the base sentence may be reduced by up to 30% based on comprehensive consideration of circumstances such as the nature of the crime, the amount of compensation, and the ability to compensate.

    Where the forgiveness of the victim or their family is obtained, the base sentence may be reduced by up to 20% based on comprehensive consideration of circumstances such as the nature of the crime, the severity of the crime, the reasons for forgiveness, and the degree of admission of guilt and remorse. In the absence of compensation and the victim's forgiveness, there are no mitigating circumstances for both of them.

  14. Anonymous users2024-01-26

    This is not a big chance, intentional injury causing minor injuries to the first degree, at least one year or more, if the other party does not understand, and there is no indefinite leniency, even the chance of probation is not large.

  15. Anonymous users2024-01-25

    If no understanding is reached and no proper compensation is made to the victim, the defendant may be sentenced to up to 3 years in prison, and it is very likely that the sentence will be actual punishment.

  16. Anonymous users2024-01-24

    If the crime of intentional injury causes minor injury in the first degree, and the crime of intentional injury is suspected, the sentence shall be up to three years imprisonment, and a suspended sentence may be given if a letter of understanding from the victim is obtained.

  17. Anonymous users2024-01-23

    suspected of intentional injury shall be sentenced to up to three years imprisonment, short-term detention or controlled release. Actively compensate the victim and obtain the victim's forgiveness, and may obtain a suspended sentence.

    The Criminal Procedure Law introduces criminal reconciliation procedures, whereby in cases of intentional injury resulting in minor injuries caused by civil disputes, where the criminal suspect or defendant sincerely repents and actively compensates the victim to obtain forgiveness, and the victim voluntarily settles, he may be given a lenient punishment. Where the circumstances of the crime are minor, a decision not to prosecute may be made.

  18. Anonymous users2024-01-22

    Hello, intentional injury causing minor injury is a criminal case, it is a good thing to be able to obtain the other party's understanding, you can reduce the punishment as appropriate, and you may also be sentenced to a suspended sentence according to the specific circumstances, but it does not mean that you will not be investigated for criminal responsibility, it should be a light sentence, I hope it will help you.

  19. Anonymous users2024-01-21

    The sentence will be imposed, but it will be a little lighter than before.

  20. Anonymous users2024-01-20

    Lawyer Zhu, I would like to consult you

  21. Anonymous users2024-01-19

    Whoever intentionally injures another person causing minor injuries of the first degree, and the victim's forgiveness is not obtained, is to be sentenced to up to three years imprisonment, controlled release, or short-term detention. If Xingzhi is known as a person who intentionally injures the body of others, and the relevant departments have identified it as a minor injury, it will constitute a criminal offense and is suspected of the crime of intentional injury. If the forgiveness of the victim and his or her family can be obtained, the punishment may be appropriately reduced.

    Those who fail to obtain forgiveness from the victim's family are generally sentenced to one to two years' imprisonment in practice.

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