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In the case of intentional injury, there is no first-class personal injury, but if there is an act of intentional injury, the people's court will convict and punish the criminal in accordance with article 334 of the Criminal Law.
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.
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Legal analysis: According to the relevant provisions of China's Criminal Law, the perpetrator subjectively intentionally carried out an act of harming the body of others, violating the victim's right to health and body, and if the victim suffered minor injuries or higher injuries, it will constitute the crime of intentional injury. In this case, if the victim's injury is evaluated and the result is that the victim is seriously injured in the first degree, the perpetrator will be sentenced to fixed-term imprisonment of not less than three years but not more than ten years in accordance with the law.
Legal basis: Article 234 of the Criminal Law of the People's Republic of China stipulates: Whoever disturbs the body of others with the intention of harming others 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 means of special probation or cruelty 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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The first degree of serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Serious injury refers to the injury of an employee who is physically disabled, or has serious damage to his or her visual, auditory and other organs, resulting in long-term dysfunction of the human body, or a major loss of working ability, and the loss of working days is greater than or equal to 105 days. A serious injury accident refers to an accident in which an employee is seriously injured in an accident.
According to the regulations of the relevant departments of our country, any accident that meets one of the following conditions is a serious injury accident:
1) Diagnosed by a doctor as disabled or likely to become disabled;
2) The injury is serious and requires major surgery to be saved;
3) Severe burns or scalds on vital parts of the human body, or burns or scalds that account for more than one-third of the whole body area, even though they are not vital parts of the world;
4) Severe fracture, severe brain**;
5) There is a possibility of blindness after eye injury;
6) Serious hand injury, such as a broken thumb, two sections of any other finger or one section of each of any two fingers;
7) The toe is broken and more than three toes are broken, or the local tendon of the foot is injured severely, and the person cannot walk freely or may be disabled;
8) Visceral injury, internal bleeding or peritoneal injury, etc.
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 between three and ten years imprisonment. where negligence causes death, the sentence is to be between three and seven years imprisonment; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release.
where serious injury is caused, the sentence is between three and ten years imprisonment; 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.
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 death or causes serious injury 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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