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A mentally ill person should bear criminal responsibility as long as he is mentally normal at the time of **, not to mention that **'s mental illness has been cured. Therefore, regardless of the severity of the injury, it constitutes the crime of intentional injury. Of course, if ** subjectively wants to kill, it is intentional homicide.
This is determined on the basis of specific facts.
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Objectively, it is determined whether the injury caused to the party with more than minor injuries; ** Whether they have reached the legal age of criminal responsibility.
Since the person has reached the age, if there is evidence to prove that the person was mentally sound at the time of the accident, and it is not justified defense, and the injury caused more than minor injuries, it should be found to be a crime.
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This is a crime of intentional wounding, if the smash is serious, you will have to sit inside! If it's not serious, he'll be cured! After giving some gifts to the two of you, it's okay if you're private!
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It's illegal! It should not constitute a crime! Lack of forensic identification!
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Minor injuries or more, sane at the time of the crime, intentional, constitute the crime of story injury.
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The landlord provides fewer clues. 1. Report the case, and the public security department will investigate it and determine whether the perpetrator was mentally normal at the time of the smashing. Second, it is necessary to distinguish whether smashing people is direct intention, indirect intention, or accident or accident.
Criminal liability for intentional injury, accident or accident, go to civil action. 3. A forensic evaluation is to be done to determine sentencing.
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If the above constitutes a minor injury, criminal responsibility shall be pursued.
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First, it is necessary to conduct an evaluation of the injuries, and second, it is necessary to conduct an evaluation of the beater's ability to be criminally responsible, so that it can be analyzed how to deal with it.
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It depends on whether you do it intentionally or unintentionally.
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Legal analysis: The situation of injuring a person with a brick may be a violation of the administration of public security, or it may be suspected of a criminal offense, and the characterization of the act shall be determined according to the actual situation and relevant legal provisions.
Legal basis: Law of the People's Republic of China on Public Security Administration Punishments
Article 43: Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
1) Gang up to beat or injure others;
2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;
3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
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Summary. Hello, you need to compensate for medical expenses, lost work expenses, nursing expenses, nutrition expenses and other expenses if you break the stone to your head.
My friend was stoned and had three stitches, what should I do? My friend didn't fight back.
Hello, you need to compensate for medical expenses, lost work expenses, nursing expenses, nutrition expenses and other expenses if you break the stone to your head.
Hello, if you are a deliberate businessman, you also need to face criminal liability, causing the crime of intentional injury.
Hello, if it is a minor injury identified by Liang Lao Forensic Medicine, you will have to bear criminal responsibility, and you need to bear the corresponding civil liability for compensation. Therefore, where the hand key is judged to be corrected after the injury is completed, the sentence is up to three years imprisonment, short-term detention or controlled release.
The other party just started to move because of the quarrel, what legal responsibility does he bear?
Hello, the victim suffers personal injury, and the compensation obligor shall compensate for the various expenses incurred due to medical treatment and the income reduced due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. Where the victim is disabled as a result of injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in his or her living needs, as well as the loss of income due to the loss of the ability to work, including disability compensation, disability assistive devices, and living expenses for dependents, as well as the necessary balance expenses, nursing expenses, and follow-up expenses actually incurred as a result of nursing care and continuation.
It is estimated that it is not a minor injury.
Hello, first call the police, then identify the injury, the other party constitutes the crime of intentional injury, and then ask the other party for compensation. You can negotiate the exact amount of compensation.
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Summary. Hello, dear. Crushing a person's head with a stone is required to compensate for basic medical expenses, lost work costs, and mental damages. If intentional injury is suspected, in addition to compensation, it also constitutes the crime of intentional injury, and if it is serious, it needs to be sentenced.
Hello, dear. Crushing a person's head with a stone requires compensation for basic medical expenses, lost work costs, and mental damages. If it is suspected of intentionally bringing a shield to attack and cause injury, in addition to compensation, it also constitutes the crime of intentional injury, and if it is serious, it needs to be sentenced.
Hello, dear. According to the relevant legal basis: "Criminal Law of the People's Republic of China" Article 234 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.
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Summary. In the case of smashing and injuring a person, the liability includes: (1) compensation for the victim's bodily injury; (2) compensation for the moral loss of the victim; (3) compensate the victim for loss of income; (4) Compensate the victim for the loss of property.
Dear <> will be happy to answer for you. According to Article 163 of the General Principles of the Civil Law of the People's Republic of China, the act of smashing and injuring a sleepy person shall bear civil liability and compensate the victim for his losses.
In the act of smashing and injuring a person, the liability for compensation includes: (1) compensation for the victim's bodily injury; (2) compensate the victim for mental dissipation; (3) compensate the victim for loss of income; (4) Compensate the victim for the loss of property.
In addition, the person who was injured has the right to claim compensation from the perpetrator for medical expenses, nursing expenses, hospitalization expenses, nutrition expenses, compensation for disability, and solatium after suffering mental damage. <>
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Hitting a person on the head with a brick is punishable by intentional injury, as follows:
1. If the circumstances of the beating are minor and do not constitute a crime, a sentence is not required;
2. If the blindness constitutes a slight injury or more than a minor injury, the beater is suspected of the crime of intentional injury and shall be investigated for criminal responsibility in accordance with the law;
3. If the circumstances are serious enough to constitute a crime, it may constitute the crime of intentional injury and malpractice. However, if the assault does not cause more than minor injuries to the victim and does not reach the level of injury, or if it is a minor injury, it cannot be punished as the crime of intentional injury. Minor injury refers to an injury that causes a certain degree of damage or partial dysfunction of the structure of tissues and organs due to various external factors such as physical, chemical, and biological factors acting on the human body, and does not constitute a serious injury but is not a minor injury.
To constitute the crime of intentional injury, the beater must have committed the act of harm, and the so-called injury refers to the act of harming the physical health of others.
Legal basis: Article 234 of the Criminal Law of the People's Republic of China.
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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