What type of injury constitutes a minor injury? What kind of injury constitutes a minor injury

Identification is required.

In accordance with the relevant provisions of the Criminal Law of the People's Republic of China, it is formulated on the basis of the theories and techniques of medicine and forensic science, combined with the practical experience of forensic medical examinations, to provide a basis for the evaluation of minor injuries.

Legal Analysis: Code Scrambling.

The distinction between a crime and a crime depends mainly on one point: what kind of damage your slap has caused him. China's Criminal Law stipulates that injuries to the human body that are assessed to be more than minor injuries constitute a crime (including minor injuries); Minor injuries are not an offence.

So it depends on the identification results. The potential damage of a slap is a perforated eardrum. Look again:

Criteria for the identification of minor injuries in the human body 8 Confirmation of head injury: transient disturbance of consciousness and amnesia of recent events. Article 11 2 Traumatic tympanic membrane perforation constitutes a minor injury. Article 234 of the Criminal Law stipulates that 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.

But I don't think the average person would be so strong with a slap. Practically speaking, if the other party has to go through the legal route, you can give him a little money to compensate him. Don't let this cause trouble, because when it does, you're spending more than just that.

Legal basisCriminal 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 simple and 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.

A minor injury is a degree of injury that is between a serious injury and a minor injury. Therefore, the determination of minor injuries can be directly determined in accordance with the provisions on the one hand, and on the other hand, it can also be determined from the perspective of excluding serious injuries or minor injuries. The determination of whether there is a minor injury shall be based on the evaluation conclusions made by professionals.

The evaluator shall be a forensic physician or a person with forensic science evaluation qualifications, and may also be a person at or above the attending physician hired or retained by the judicial organs. The identification of whether the injury is minor should be based on the primary damage and consequences directly caused by external factors to the human body, including the injury at the time of the injury, the complications and sequelae caused by the injury, etc., and a comprehensive analysis and comprehensive assessment. If there are multiple injuries, as long as one injury meets the criteria for minor injury, it can be found to be a minor injury; Where multiple injuries do not meet the criteria for minor injuries, they cannot simply be added together as minor injuries.

If there are three or more types of injuries that are close to the relevant standards for minor injuries, a comprehensive assessment may be made according to the specific circumstances.

Legal basisArticle 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.

There are the following criteria for the identification of minor injuries:

1. Partial impairment of hearing, vision or other organ functions;

2. Causing damage to the head cavity or appearance of the person;

3. Head and neck injury, subgal aponeurosis hematoma, scalp avulsion injury area of 20 square centimeters, children up to 10 square centimeters;

4. The area of traumatic defect of the scalp is 10 square centimeters, and the area of the scalp is 5 square centimeters for children;

5. The cumulative length of the scalp sharp wound is up to 8 cm, and the wound is up to 6 cm for children;

6. The cumulative length of blunt wounds is up to 6 cm, and the length of children is up to 4 cm.

Penalty standard for minor injuries:

1. If the appraisal is a slight injury, the public security organ will impose a public security penalty on the beater. The perpetrator bears the victim's medical expenses, lost work expenses, and other expenses;

2. If the appraisal result is a minor injury, the public security organ shall file a case for investigation and pursue the criminal responsibility of the beater. If the public security organ refuses to file a case, it may file a private criminal prosecution in the people's court and demand that the perpetrator be investigated for criminal responsibility. Regardless of whether it is a public prosecution or a private prosecution, an attached civil lawsuit can be filed at the same time to demand compensation for medical expenses and other expenses from the other party.

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

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.

1) Where intentional injury causes minor injury to one person, the injury is close to a slight injury, the social impact is not great, the victim is at fault, or the defendant fully compensates the victim for economic losses, it is a short-term detention sentence or controlled release sentence; (2) Intentionally injuring another person's Kuanchen body, and although it constitutes a minor injury, but the injury is close to a slight injury, it is to be sentenced to six months imprisonment; if the injury is between mild and severe, it shall be sentenced to one year's imprisonment; where the injury is close to serious injury, the sentence is one year and six months imprisonment. To sum up the above, if a family dispute causes a light lash, then this kind of behavior has constituted a crime, even if the injured party forgives, then the case cannot be dismissed, and the corresponding sentence can not be determined after the judgment of the law enforcement officer, and if you want to apply for a suspended sentence, as long as you meet the conditions, it can be recognized.

Article 5 of the Criteria for the Identification of the Degree of Human Injury 1, the cumulative length of the scalp wound or scar is more than 20 cm. 2. The cumulative area of scalp avulsion is more than 50 cm; The area of the scalp defect is more than 24 cm. 3. Depressed or comminuted fracture of the skull.

4. Basilar skull fracture with cerebrospinal fluid leakage. 5. Cerebral contusion (laceration); intracranial hemorrhage; chronic intracranial hematoma; Traumatic subdural effusion. 6. Traumatic hydrocephalus; traumatic intracranial aneurysm; traumatic cerebral infarction; Traumatic intracranial hypotension syndrome.

7. Spinal cord injury causes defecation or urination dysfunction (mild). 8. Spinal cord contusion.