Intentional injury is sentenced to 3 years on appeal How long can a suspended sentence be imposed

Serious injury refers to injuries that cause a person to be physically disabled, disfigured, lose hearing, lose vision, lose the function of other organs, or have serious harm to personal health. To assess the degree of injury, we must adhere to the principle of seeking truth from facts, and analyze the specific injury. The definition of serious injury is clearly explained in the Penal Code.

"Serious injury" refers to an injury in any of the following circumstances: (1) mutilating a person's limbs or disfiguring their appearance; (2) Causing a person to lose their hearing, vision, or other organ functions; (3) Other major harm to personal health. Suspended sentencing, also known as suspended sentencing, refers to the first conviction of an actor who has violated the criminal law and is confirmed through legal procedures to have constituted a crime and should be punished by criminal punishment, and temporarily does not enforce the sentence imposed.

A system in which a specific probationary body conducts an examination of the convict within a certain period of probation, and decides whether to apply a specific punishment in accordance with law based on the convict's performance during the probationary period. The general application of a suspended sentence must meet the requirements at the same time, first: being sentenced to short-term detention or fixed-term imprisonment of not more than three years; Second:

There are signs of repentance, third: there is no risk of reoffending, and fourth: the probation is declared to have no significant impact on the community in which it resides.

Causing serious injury is an aggravating circumstance, and if the statutory sentencing file is more than three years, a suspended sentence will generally not be announced, but there are exceptions in special circumstances. Legal basis: Article 72 of the Criminal Law of the People's Republic of China may announce a suspended sentence for criminals sentenced to short-term detention or fixed-term imprisonment of less than three years, 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) 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.

Appeals are usually heard on paper, and the outcome is usually three months. As for the court's decision, it depends on whether there are facts that apply a suspended sentence, and it is recommended to consult a local lawyer with relevant materials.

Legal Analysis: Recidivism is subject to heavier punishment, and heavier punishment of less than three years is given, and no suspended sentence is allowed. Generally speaking, if a mediation opinion is reached with the victim, criminal responsibility can be waived.

Legal basis: "Criminal Law of the People's Republic of China" Article 65: Criminals who have been sentenced to a sentence of fixed-term imprisonment or higher, and who, within five years of completing the execution of the sentence or being pardoned, commits another crime that should be sentenced to fixed-term imprisonment or higher, are recidivists and shall be given a heavier punishment, except for crimes of negligence and crimes committed by persons under the age of 18.

The unspecified period of time stipulated in the preceding paragraph is calculated from the date on which the parole period expires for criminals who have been released on parole. Na Chen.

Legal Analysis: The crime of intentional injury is punishable by fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Criminals who constitute the crime of intentional injury in accordance with the provisions of law may have their sentences commuted if they conscientiously abide by prison rules, receive education and reform, and truly show repentance and reform, or have meritorious service during the period of enforcement.

Legal basis: Article 78 of the Criminal Law of the People's Republic of China: Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment may have their sentences commuted if they conscientiously abide by prison rules, accept education and reform, and truly show repentance and reform, or have meritorious service; Those who have the following major meritorious services shall have their sentences commuted:

1) Obstructing the major criminal activities of others; (2) Reporting major criminal activities inside or outside the prison, which is verified to be true upon investigation; (3) There are inventions, creations, or major technological innovations; (4) sacrificing oneself to save others in daily production or life; (5) Outstanding performance in resisting natural disasters or eliminating major accidents; (6) Other major contributions to the state and society. The actual sentence to be served after commutation must not be less than the following periods: (1) where a sentence of controlled release, short-term detention, or fixed-term imprisonment is given, it must not be less than half of the original sentence; (2) Where a sentence of life imprisonment is given, it cannot be less than 13 years; (3) Where a people's court restricts commutation of a sentence in accordance with paragraph 2 of article 50 of this Law, and where the sentence is commuted to life imprisonment in accordance with law after the completion of the suspended period of enforcement, it must not be less than 25 years, and where the sentence is commuted to 25 years imprisonment in accordance with law after the completion of the suspended period of enforcement, it must not be less than 20 years.

According to the actual situation, for a fixed-term imprisonment, the sentence can only be reduced by half at most, so it can only be reduced by half at most. For criminals sentenced to short-term detention and up to three years imprisonment, the following conditions apply at the same time, a suspended sentence may be announced, 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: the circumstances of the crime are relatively minor; Showing remorse; There is no danger of recidivism; The probation is not pronounced with significant adverse effects on the community in which it resides.

Legal basis] Article 234 of the Criminal Law.

Intentional injury] Whoever intentionally harms 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.

Those who intentionally injure others and cause minor injuries shall be investigated for criminal responsibility, and those suspected of the crime of intentional injury shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, or controlled release. The plaintiff in an attached civil lawsuit may apply to the people's court for enforcement of the defendant's property. Requirements:

Article 234 of the Criminal Law: Whoever intentionally injures the body of another person is 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 is to be sentenced to 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. Where this Law provides otherwise, follow those provisions.

Commutation is generally done on a quarterly basis. As long as the sentence reduction is sufficient and there are no violations, it can be reported. In the case of a three-year sentence, a commutation of the sentence can be submitted after serving one and a half years of imprisonment, which can be reduced by nine months to one year.

It's a batch of minus. But there are a few issues that you are not clear.

1. There is an interval for each commutation, and the current interval is generally one year. For example, if the sentence is reduced by one year this time, the next sentence will have to wait for a year in any case.

2. Commutation is to have commutation points, and after each commutation is submitted, all commutation points are cleared, and then the scoring starts again. Generally speaking, it takes 80 points to reduce the sentence for one year, and the score that inmates can get is about 5 points per month (for better performance). The best can get 6 points), that is, a sentence reduction of one year requires 16 months of sentence reduction, that is, one year and four months, plus the time of the submission materials and the court's ruling, it is just about one and a half years to meet the requirements for submitting a commutation.

3. As long as the assessment score begins after entering the prison, the time for commutation will begin. The law stipulates that where the original sentence is more than 5 years, the sentence must be commuted for the first time one and a half years after the start of enforcement, and if it is less than 5 years, it will be reduced accordingly. But at least a year later.

The previous time in the detention center was only calculated as a sentence, not an assessment for commutation.

Therefore, according to the usual period of half a year in the detention center, there are two and a half years after arriving in prison, and after one and a half years to get a full score, a commutation of sentence can be submitted for about one year. If the score in the middle is not ideal, such as only 3 points and 4 points for several consecutive months, then the sentence can be reduced even less.

Usually, a three-year sentence can be reduced by one year, which is the most desirable outcome, and most people can't reduce it.