How is the sentence for the crime of intentional injury causing minor injuries in the first degree?

Minor injuries in the first degree are minor injuries in the crime of intentional injury as provided for in the first paragraph of Criminal Law article 234, and the sentence is up to three years imprisonment, short-term detention or controlled release. For minor injuries in the first degree, the standard base sentence for sentencing is one to two years, and generally about one and a half years may be selected, and the sentence may be increased or decreased in combination with other sentencing circumstances. Intentional injury is the act of intentionally causing bodily harm to another person.

Where intentional injury reaches the level of minor injury or more, the crime of intentional injury is constituted. According to Article 234 of the Criminal Law of the People's Republic of China: "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."

The specific sentencing reference basis is the "Supreme People's Court's Sentencing Guiding Opinions on Common Crimes": "Where the crime of intentional injury is constituted, the starting sentence may be determined within the corresponding range based on the following different circumstances: (1) Where intentional injury causes minor injury to one person, the starting sentence may be determined within the range of up to two years imprisonment or short-term detention.

The final punishment is then determined in conjunction with mitigating provisions such as voluntary surrender, meritorious service, and obtaining forgiveness. Legal basis: Article 234 of the Criminal Law of the People's Republic of China provides that whoever intentionally harms another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release.

Fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Actively compensate for medical expenses and lost work expenses, obtain forgiveness, sentence less than one year, and may also have a suspended sentence!

[Legal Analysis].: Causing minor injuries in the first degree, which is already suspected of constituting the crime of intentional injury, not only must bear civil compensation but also bear criminal responsibility, but if the victim's forgiveness has been obtained, the two parties will do a great harm and reconcile, and the court will give a lenient punishment.

[Legal basis].Article 234 of the Criminal Law of the People's Republic of China: 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 to Zhaoji, 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.

Article 290 of the Criminal Procedure Law of the People's Republic of China: 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.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Intentional injury.

Article 99: [Sentencing for up to three years imprisonment, short-term detention, and controlled release].

1) Where intentional harm causes minor injuries (injuries close to minor injuries), the social impact is not great, the victim is at fault, or the defendant fully compensates the victim for economic losses, the base sentence is short-term detention or controlled release;

2) Where bodily harm is intentionally inflicted on others, and although it constitutes a minor injury, the injury is close to a slight injury, the base sentence is 6 months imprisonment; where the injuries are between mild and severe, the base sentence is one year imprisonment; where the injury is close to serious injury, the base sentence is one year and six months imprisonment.

Article 100: [Sentencing Qualifications for Between 3 and 10 Years of Imprisonment].

1) Where intentional bodily harm to another person causes serious injury to a person that has not yet reached the standard for disability, or where the degree of injury is close to the standard for minor injury, the base sentence is three years imprisonment;

2) Where intentional bodily harm to others causing serious injury, causing the victim a Grade 10 disability, the base sentence is four years imprisonment; The sentence is increased by one year for each additional level of disability.

Article 101 [Sentencing Qualifications for Between 10 and 15 Years of Imprisonment].

1. Where the body of another person is intentionally harmed, causing serious injury by especially cruel means, causing the victim to have a Grade 6 disability, the base sentence is 11 years imprisonment; The sentence is increased by one year for each additional level of disability.

2. Intentionally injuring another person's body, causing death, the base sentence is 13 years imprisonment.

Article 102: [Special Provisions on Heavy Punishments]In the following circumstances, heavier punishments are to be given:

1. Where multiple people are harmed, on the basis of the base sentence for the most serious injury, for each additional minor injury of one person, the increment is to be determined in accordance with the severity of the additional injury, and where it is mild, the sentence is increased by three months; if it is moderate, the sentence will be increased by six months; if it is severe, the sentence will be increased by nine months;

2. For each additional serious injury that does not meet the disability standard or is close to the standard for minor injury, the sentence is increased by 10 months; For each additional serious injury to one person, resulting in a grade 10 disability, the sentence is increased by one year, and for each additional level of disability, the sentence is increased by six months.

Article 103 [Rules of Discretion for Individual Crimes].

1. Where, on the basis of circumstances such as the cause of the case, the motive for the crime, the means of committing the crime, the degree of injury, and the circumstances of compensation, the collegial panel (single-judge panel) finds that the sentence is light or heavy in accordance with the provisions of this section, it may exercise its discretion within six months when sentencing in accordance with article 99;

2. When sentencing is carried out in accordance with Article 100, discretion may be exercised for up to 10 months;

3. When sentencing is in accordance with Article 101, discretion may be exercised within one year and six months.

Article 104: [Proviso on Application of Suspended Sentences].

Except where there are two or more legally-prescribed mitigating or mitigating circumstances, a suspended sentence is not to be applied in any of the following circumstances:

1) Failure to make compensation;

2) Causing serious injuries to two or more persons or minor injuries to many people;

3) Having been punished twice or more for assaulting others.

Reference points for fixed-term imprisonment, short-term detention, and controlled release of up to three years].

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;

2) Intentionally injuring the body of another person, and although it constitutes a slight injury, but the injury is close to a slight injury, it is to be 6 months imprisonment; if the injury is between mild and severe, it shall be sentenced to one year's imprisonment; where the injury is close to serious injury, the sentence is one year and six months imprisonment.

The act of intentional injury must cause the victim minor injuries or more in order to constitute the offence of intentional injury, for the following reasons:

First, although the first paragraph of Article 234 of the Criminal Suspect Law does not provide for specific harmful consequences, the second paragraph clearly stipulates the criminal punishment for intentional injury causing serious injury, death or serious disability. Therefore, according to the logic that the degree of the harmful consequences is directly proportional to the severity of the punishment, it can be considered that the punishment provided for in paragraph 1 corresponds to the harmful result of minor injuries.

Second, according to the proviso of Article 13 of the Criminal Law, "where the circumstances are obviously minor and the harm is not great, it is not considered a crime". If the act of intentional injury only causes minor injuries to the victim, the act should be "obviously minor and not harmful in the circumstances" and cannot be considered a crime.

Third, the quantitative standards for forensic appraisal of human injuries in judicial practice are the Standards for the Appraisal of Serious Human Injuries and the Standards for the Appraisal of Minor Human Injuries. When applying paragraph 2 of article 234 of the Criminal Law, the "Standards for the Appraisal of Serious Human Injuries" is used to resolve the issue of sentencing for the crime of intentional injury, and when the first paragraph of article 234 is applied, the "Standards for the Appraisal of Minor Human Injuries" is applied to resolve the issue of conviction, that is, the extent to which the consequences of the injury constitute the crime of intentional injury.

1. How to sentence a letter of understanding for minor injuries in the first degree.

Causing minor injuries constitutes the crime of intentional injury, and is up to three years imprisonment, short-term detention, or controlled release in accordance with law. Judicial organs with a letter of understanding may mitigate, commute, or waive criminal punishment.

2. The crime of intentional injury is generally sentenced to several years for minor injuries.

For the crime of intentional injury, where minor injuries are caused, the sentence is generally up to three years imprisonment, controlled release, or short-term detention. 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; On the basis of the starting sentence, the sentence may be increased and the base sentence may be determined on the basis of other facts of the crime that impact the establishment of the crime, such as the consequences, the level of disability, and the degree of cruelty of the means. If the perpetrator has other special circumstances, the punishment will be appropriately reduced.

Legal Analysis: Whoever intentionally injures another person causing minor injury in the first degree, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release in accordance with the relevant provisions of the Criminal Law on the crime of intentional injury.

Legal basis: or Article 234 of the Criminal Law of the People's Republic of China, 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 and causes serious injury to the person in the shirt shall 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.

Article 4, Paragraph 2 of the Notice of the Supreme People's Court on the Implementation of the Revised "Sentencing Guiding Opinions on Common Crimes" 1Where the crime of intentional injury is constituted, the starting sentence may be determined within the corresponding range on the basis of the following different circumstances:

1) Where intentional injury causes minor injury to one person, the starting sentence may be determined within the range of up to two years imprisonment or short-term detention.

2) Where intentional injury causes serious injury to one person, the starting sentence may be determined within the range of 3 to 5 years imprisonment.

3) Where a person is seriously injured by intentional injury by especially cruel means, causing a grade 6 serious disability, the starting sentence may be determined within the range of 10 to 13 years imprisonment. Except where a sentence of indefinite imprisonment or higher shall be given in accordance with law.

2.On the basis of the starting sentence, the sentence may be increased and the base sentence may be determined on the basis of other facts of the crime that impact the establishment of the crime, such as the consequences of the injury, the level of disability, and the degree of cruelty of the means.

Where intentional harm causes minor injury, the degree of disability may be considered when determining the starting sentence, or as a sentencing circumstance for adjusting the base sentence.

Legal Analysis: The crime of intentional homicide, causing minor injuries to others in the first degree, according to the law, is sentenced to fixed-term imprisonment of not less than three years but not more than ten years. [Legal basis].

Article 232 of the Criminal Law of the People's Republic of China Article 232 Whoever intentionally kills a person shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is to be between three and ten years imprisonment.