What are the differences in the law for the punishment of slight, minor and serious injuries in case

In the case of intentional injury causing minor injury, it is a violation of the administration of public security, and the public security organ shall punish it in accordance with the relevant provisions of the "Public Security Administration Punishment Law"; Where intentional injury causes minor or serious injury, the people's court is suspected of committing a criminal offense of intentional injury, and the people's court is to convict and punish it in accordance with the relevant provisions of the Criminal Law.

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.

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, 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.

How to distinguish between minor and major injuries.

The composition of the crime of intentional injury, except for the form of attempt, must be premised on causing harm to the victim. Article 234 of the Criminal Code provides for the crime of intentional injury, only in paragraph 2 of the case of "serious injury", and paragraph 1 actually refers to the situation of intentional injury resulting in minor injury.

If the degree of injury does not meet the criteria for serious injury as stipulated in Article 95 of the Criminal Law, it is a minor injury; It is not correct to have an injury that does not cause serious injury to cause the crime of intentional injury of causing minor injury. Because in addition to serious injuries, injuries to the human body also include minor injuries and minor injuries. In the crime of intentional injury, the injury does not include minor injury, and under normal circumstances, whether the injury caused to the victim is minor or minor determines whether the person should be investigated for criminal responsibility, and whether it should be defined as the crime of intentional injury.

Minor injuries fall within the scope of public security punishments, and if mediation fails, public security punishments may be imposed, and administrative detention and compensation for losses may be imposed.

Legal basis: Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments.

Those who assault others, or intentionally and carefully dismantle and injure others' bodies, 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.

In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 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.

Article 9 of the Law of the People's Republic of China on Public Security Administration Punishments.

Where the circumstances are relatively minor, the public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes.

Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.

Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violator of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.

Intentional injury causing minor injury does not constitute a criminal offence and is punished in accordance with article 43 of the Public Security Punishment Law.

where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 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.

1. Compensation for injury caused by intentional injury.

In accordance with Article 17 of the Supreme People's Court's "Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases".

The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive devices, and living expenses of dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to the care and continuation.

Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

Article 18. Where the victim or the close relatives of the deceased suffer mental damages, and the person entitled to compensation requests the people's court for compensation for moral damages, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall be applied to make a determination.

The right to claim solatium for moral injury must not be assigned or inherited. However, this is not the case where the person obligated to compensate has already promised in writing to give monetary compensation, or the person entitled to compensation has already filed a lawsuit with the people's court.

Intentional injury, even if it causes minor injury, is punishable, but this penalty is not a criminal punishment, but a public security punishment. The basis of natural punishment is the "Public Security Punishment Law". If the circumstances of intentional injury are minor, the perpetrator may generally be detained for up to 5 days or fined up to 500 RMB.

If the perpetrator's gross intentional injury causes minor injuries to the victim, the public security organs are to detain the offender for between 5 and 10 days and impose a concurrent fine of 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.

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) Assaulting 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.

Criminal Law of the People's Republic of China

Article 234.

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.

In the appraisal of injury cases, the appraisal shall be carried out in accordance with the "Standards for the Appraisal of Minor Injuries to the Human Body", "Standards for the Appraisal of Minor Injuries to the Human Body" and "Standards for the Appraisal of Serious Injuries to the Human Body".

If the injury is slight, the perpetrator does not constitute a crime, but the perpetrator may be detained for up to 15 days and fined in accordance with article 43 of the "Public Security Administration Punishment Law".

If it is identified as a minor injury or serious injury, the perpetrator has committed a crime and shall be investigated for criminal responsibility in accordance with the provisions of Article 234 of the Criminal Code.

Minor injuries of up to three years imprisonment, short-term detention or controlled release; Serious injuries shall be punishable by fixed-term imprisonment of not less than three years but not more than ten years, and those resulting in serious disability shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.

Minor injuries do not constitute a crime, but may be punished by the Public Security Administration Punishment Law, such as warnings, fines or detention; Intentional injury causing minor injury shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years!

Specifically, it must be evaluated by the forensic appraisal department, and minor injuries do not constitute a crime, and there is no sentencing. The sentence of minor injuries or more is generally up to three years imprisonment, short-term detention or controlled release. Serious injuries are generally between three and ten years, and serious injuries are more than ten years!

1.If the intentional injury causes minor injury to another person, the perpetrator shall bear civil liability for compensation (such as making a formal apology, compensating the party office for medical expenses, etc.); Causing minor bodily injury is not a crime and cannot be sentenced. The police will generally impose a public security detention of up to 15 days.

2.The act of harming the body of another person must have caused a certain degree of personal damage to the other person in order to constitute the crime of intentional injury; Where it is only a general form of punching, kicking, pushing, pulling, and tearing, and it does not cause harm, it cannot be punished as the crime of intentional injury. 3.

The results of injuries can be varied, some of which damage the integrity of other people's tissues, such as biting off the nose, cutting off hands and feet; Some of them impair the normal function of other people's organs, such as loss of hearing, vision, taste, mental disorders, etc. However, in terms of the severity of the outcome, there are 3 forms, namely minor injury, serious injury or death. If no injury is caused or more than minor injury, if the level of injury is not reached, or if the injury is slight, it cannot be punished as intentional injury.