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1. Voluntary surrender is a statutory cause for mitigating or mitigating punishment, but when it comes to specific punishments, it needs to be made by the criminal trial collegial panel of the people's court accepting the prosecution's public prosecution, based on the subjective malice, criminal consequences, social harm, adverse social impact, voluntary surrender, and obtaining the victim's forgiveness, and other reasons that should be given a lighter or heavier punishment in accordance with law, within the legal principles and in combination with its own discretion, and anyone outside the collegial panel can only give a rough principled speculation.
However, if the victim is seriously injured by intentionally causing bodily harm to another person, the statutory sentencing principle is fixed-term imprisonment of not less than 3 years but not more than 10 years. If, upon trial, the people's court finds that the criminal suspect caused serious injury by particularly cruel means, causing the victim to be disabled for life, the statutory sentencing principle shall be 10 years or more imprisonment, life imprisonment or death.
2. Those who voluntarily surrender after committing a crime and truthfully confess their crimes are voluntarily surrendered. Criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.
Where criminal suspects, defendants, or convicts currently serving a sentence who have been subjected to compulsory measures truthfully confess other crimes of their own that are not yet known to the judicial organs, they are to be considered to have voluntarily surrendered.
Where criminal suspects do not have the circumstances provided for in the preceding two paragraphs of voluntary surrender, but truthfully confess their own crimes, they may be given a lighter punishment; Where they truthfully confess their own crimes to avoid especially serious consequences, punishment may be commuted.
The judicial basis is Articles 67 and 234 of the Criminal Law of the People's Republic of China.
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Intentional injury causing serious injury is punishable by fixed-term imprisonment of not less than three years but not more than 10 years, and where there are circumstances of voluntary surrender, the punishment may be mitigated or commuted, and if compensation is actively made and the victim's forgiveness is obtained, it may be 3-4 years, and under normal circumstances it will be between 4-6 years.
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How many years can a friend sentence him for stabbing someone seriously and turning himself in? Where the sentencing for serious injuries is between 3 and 10 years, and there are circumstances of voluntary surrender, the punishment may be mitigated, and the specific sentencing standards are to be determined by the people's court at trial on the basis of the specific circumstances. 1. Article 234 of the Criminal Law 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 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. 24 knives can be regarded as a particularly cruel method, and the sentence is more than ten years.
2. The crime of intentional injury refers to the criminal act of intentionally and unlawfully harming the body of another person and reaching a certain level of seriousness, which should be punished by the criminal law. Although the crime of intentional injury has three statutory ranges of punishment, it is impossible to treat the same number of crimes as a circumstance for upgrading the statutory sentence, and if it is punished as one crime, it is difficult to achieve a proportionate punishment for the crime. 3. Articles 234, 238, 247, 248, 289, 292 and 333 of the Criminal Law stipulate that anyone who uses violence to injure or injure a person in illegal detention, extorts a confession by torture or violently obtains evidence, abuses a person in custody and causes disability, assembles a crowd to "smash and rob" and causes a person to be disabled, assembles a crowd to fight and causes serious injury, or illegally organizes or forces others to sell blood and causes injury, shall be punished as the crime of intentional injury.
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If a person is stabbed to serious injury, the punishment can be reduced if he surrenders, and the sentence can be up to six years.
1) The object of the crime is the physical health of another person. Intentionally harming one's own physical health', which generally does not constitute a crime. However, if the act of self-harm harms the interests of society and violates other provisions of the Criminal Law, it constitutes a crime.
2) The objective aspect of the crime is that the perpetrator has carried out an act that illegally harms the physical health of others. Harming the physical health of others mainly refers to damaging the integrity of human tissues or destroying the normal function of human organs. There are many ways to injure someone, but no matter what means are used, bodily harm to another person is an act of harm.
The difference in the means of committing the crime is only one of the circumstances of sentencing, and is not an element of the crime. The result of the injury may be minor or serious, or it may result in death.
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Minor injuries are private prosecution cases, as long as the victim does not go to the court to prosecute you, you will be fine, at most the police station will give you a public security punishment. The best thing you can do now is to make amends, get forgiveness, and don't let the victim go to court to sue you.
The Criminal Law stipulates that (1) a person who commits the crime of intentional injury shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term detention or controlled release. (Yours belongs to this case).
2) Whoever commits the crime of intentional injury, causing serious injury, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
3) Whoever intentionally inflicts bodily harm on others, causing death, or seriously injuring others by especially cruel means, causing serious disability, is to be sentenced to 10 or more years imprisonment, life imprisonment, or death.
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Hello, if your offense is relatively minor and there are circumstances of voluntary surrender, and then you make reasonable financial compensation (the other party's medical expenses), you should be able to give a suspended sentence (probation means that you can go to work and live normally at home) without actually serving the sentence.
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Voluntary surrender is a mitigating circumstance, and sentencing depends on the specific circumstances of the case.
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If the circumstances are not serious, the judicial organs should handle them at their discretion.
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If your actions cause minor injuries or more injuries to the other party, the other party may require you to bear criminal liability and civil liability for compensation, and the specific sentencing issues should be determined in light of the specific circumstances.
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Summary. Intentionally injuring bodily harm to another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. where serious injury is caused, the sentence is to be 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.
Intentionally injuring bodily harm to another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. where a branch closes and causes serious injury to a person, the sentence is to be between three and ten years imprisonment; Whoever causes the death of a person or causes serious injury to a person by especially dull and cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death and death.
Can you add, I don't quite understand it.
Assaulting a person who is seriously injured and turning himself in may be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and if the court hears the case of the dispute, if it is found that Cun Zaohu is voluntarily surrendering, the punishment may be mitigated or commuted.
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