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In the case of an offender who commits the crime of intentional injury, the penalty is determined mainly on the basis of the victim's injuries:
1. If the victim is slightly injured, he shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or public surveillance;
2. Whoever causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;
3. 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.
If the victim intentionally inflicts bodily harm on another person, and the victim's injuries are found to be more than minor by a forensic examination, the crime of intentional injury is constituted and the sentence is given.
According to Article 234 of the Criminal Law [Crime of 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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Fighting is not necessarily guilty of intentional injury. The result of the injury should be used as a sentencing circumstance.
A fight that doesn't cause harm is just an ordinary act of assault.
Intentionally causing minor injuries to others is criminally liable.
Bear civil liability for causing minor injuries to others.
Once the crime of intentional injury is established, according to Article 234 of the Criminal Law, he shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention; where serious injury is caused, the sentence is between 3 and 10 years imprisonment; 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.
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Legal Analysis: 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 another person, and is sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, or death, or who causes serious injury by especially cruel means, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
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 up to three years imprisonment, 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 the death of the person is caused by special means of injuriousness and forbearance, causing serious disability, the sentence is to be 10 or more years imprisonment, life imprisonment or the death penalty. Where this Law provides otherwise, follow those provisions.
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Legal analysis: The so-called intentional injury depends on whether the suspect's subjective intention to injure a person is homicide or injury, and at the same time, it also depends on the harmful consequences caused.
Legal basis: Criminal Law of the People's Republic of China Article 234 Whoever intentionally harms 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 and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 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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According to the law, if the intentional injury reaches the level of minor injury, it constitutes a criminal offense and is punishable by fixed-term imprisonment of not more than three years.
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In general, intentional injury resulting in minor injuries is a crime, causing minor injuries for less than three years, causing serious injuries for three to ten years, causing death or serious disability by particularly cruel means, and for a term of more than 10 years (up to 15 years for a single crime) or life or death.
If the injury does not reach the level of minor injury (less than minor injury), it does not constitute the crime of intentional injury (it generally does not constitute a crime without special circumstances), and is punished in accordance with the provisions of the public security administration, and is generally fined and detained.
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It is intentional injury, which is subject to civil punishment, and if the injury is minor, it will be fined, and if it is serious, it will be subject to control or criminal detention.
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See whose responsibility it is. If he does it first, you're both responsible.
Sue directly, ** has no right to detain you.
First of all, you should go to the police station to report the case as soon as possible, the police station case is the first basis for future processing, if there is no case filing and police investigation, it will be quite difficult to deal with it in the future; >>>More
Article 234 of the Criminal Law: "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." >>>More
The crime of intentional injury refers to the act of intentionally and unlawfully harming the physical health of others, excluding the act of intentionally infringing on the lives of others, and is a crime of infringing on citizens' personal rights and democratic rights in the Criminal Law. The sentence for the crime of intentional injury depends on the degree of injury caused to the victim by the intentional injury, and is mainly divided into several situations: minor injury, serious injury, and death, and the punishment is different for different circumstances, with a general sentence of up to three years imprisonment for causing minor injury, three to ten years imprisonment for causing serious injury, and 10 to 10 years imprisonment for causing death, and even a death sentence. Of course, there are many factors that need to be considered in individual cases, the exact number of years of judgment. >>>More
First, the victim should promptly report to the police, and then conduct a forensic medical evaluation, based on the results of which the legal responsibility of the beater is decided. >>>More