How to sentence a person who wounds someone with a knife up to the second degree of minor injury

Wounding a person with a knife is likely to be guilty of intentional injury, which is the intentional unlawful act of harming the physical health of another person. Specific sentencing should consider issues such as the degree of injury and the level of disability, and should be subject to the appraisal report issued by a specialized appraisal body, and if it constitutes a degree of minor injury of the second degree or higher, the perpetrator's conduct may constitute the crime of intentional injury, and one person who is slightly injured will be sentenced to up to three years imprisonment. Possession of a weapon is an aggravating circumstance of this crime and may be punished aggravated.

Whoever intentionally causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and whoever causes serious injury by especially cruel means to cause serious injury to a person shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. There are many coarse sentencing circumstances that affect intentional injury causing serious injury, such as one additional minor injury may be increased by one to two months, each additional minor injury may be increased by three to six months, and each additional minor injury may be increased by one to three months. The victim's disability level also affects the sentencing outcome.

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 up to three years imprisonment, 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 the death of a person or causes serious injury to a person by especially cruel means, causing serious disability, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or the death penalty for those who fail to guess. Where this Law provides otherwise, follow those provisions.

Legal Analysis: Wounding a person with a knife is likely to commit the crime of intentional injury, which refers to the act of intentionally and unlawfully harming the physical health of another person. Specific sentencing should consider issues such as the degree of injury and the level of disability, and should be subject to the appraisal report issued by a specialized appraisal body, and if it constitutes a degree of minor injury of the second degree or higher, the perpetrator's conduct may constitute the crime of intentional injury, and one person who is slightly injured will be sentenced to up to three years imprisonment.

Possession of a weapon is an aggravating circumstance of this crime and may be punished aggravated.

Legal basis: Article 234 of the Criminal Law of the People's Republic of China: 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 and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, or where serious injury is caused by especially cruel means, or serious disability, the sentence is to be 10 or more years imprisonment, life imprisonment or death. Where this Law provides otherwise, follow those provisions.

Knife wielding a minor injury in the second degree is punishable by up to three years in prison and requires imprisonment. Injury caused by a fight may constitute the crime of intentional injury, which is not less than three years imprisonment. Where a fight causes injury to the victim, and upon evaluation it is found to be a minor injury or more, it is to be sentenced to up to three years imprisonment, short-term detention, or controlled release in accordance with law.

If the criminal suspect and the victim reach an agreement on the issue of compensation and obtain the victim's forgiveness, the judicial organs may lenient, commute, or waive the criminal punishment.

Article 234 of the Criminal Law.

Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, 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.

1. What are the constitutive elements of the crime of intentional injury?

1. The main body. Where a person who has reached the age of 14 but is not yet 16 years old commits the crime of intentional injury causing serious injury or death, he shall bear criminal responsibility.

Intentional injury, which can sometimes result in death, undoubtedly also undermines the right to life.

3. Objectivity. The offence of intentional injury requires an objective act of harm. Harm is an act that unlawfully harms the physical health of another person. As mentioned earlier, there are two types of injuries:

One is to destroy the integrity of human tissues;

The second is to destroy the normal function of human organs.

Injuries usually take the form of direct use of knives, guns, sticks, sticks, stones, or violence such as punches and kicks; It can also be the indirect use of minors, mentally ill people, innocent people, animals, etc. to harm others; Some also use non-violent means such as poisons, chemicals, radiation, and lasers to harm others; In a few cases, the injurious act constitutes an omission.

4. Subjective. The crime of intentional injury is subjectively manifested in the fact that the perpetrator clearly knows that his or her actions will cause bodily harm to others, and hopes or allows the harm to occur. In other words, the crime of intentional injury can be constituted by both direct and indirect intent.

It is important to ascertain the intent to injure, as the presence or absence of intent to injure is an important marker of the line between the offence of intentional injury and the offence of intentional homicide and the offence of causing serious injury by negligence.

The intent of the crime of intentional injury does not require the perpetrator to have a clear understanding of the extent of the injury in advance.

Hello, happy for you with this question. There is no way to give you an accurate figure on how much compensation you are talking about. Because the amount of compensation for the defeat depends on the specific situation.

The compensation for the main celebration of the fibrillation includes: medical expenses, lost work expenses, transportation expenses, accommodation expenses and other expenses. In general, for second-degree minor injuries, the amount of compensation will not be too large.

Legal Analysis: Intentional Injury Causing Minor Injuries Degree 2 Liang Beiwu meets the criteria for conviction. If the crime of intentional injury is suspected, the sentence is generally up to three years, short-term detention or controlled release.

In addition, it is also necessary to bear civil compensation liability, civil rolling compensation: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, disability compensation, etc.

Legal basis: Article 234 of the Criminal Law of the People's Republic of China: 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, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Where this Law provides otherwise, follow those provisions.

Summary. If you intentionally and intentionally hurt others, and the injuries constitute minor injuries, you are already suspected of the crime of intentional injury, and you need to bear criminal responsibility. A sentence of up to three years imprisonment, short-term detention or controlled release is to be given.

Wounding someone with a knife causing two minor injuries in the second degree and one minor injury How to sentence it.

Hello dear, may I ask how many people were injured, is it three injuries per person, if Shen Shen deliberately and intentionally hurts others, and the injuries constitute minor injuries, he has been coarsely blinded and suspected of intentional injury, and he needs to bear criminal responsibility. A sentence of up to three years imprisonment, short-term detention or controlled release is to be given.

Article 234 of the Criminal Law: Whoever intentionally harms 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, 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 the death of a person or causes serious injury to a person by using a particularly cruel hand to weigh the balance and causes serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, fixed-term imprisonment without rent or sale, or death. Where this Law provides otherwise, follow those provisions.