My friend got into a fight and misplaced his arm, how should he be sentenced?

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.

Your friend's misalignment may have caused a fracture, and the specific sentence may be about 1 year. Specifically, look at the results of the medical evaluation and the circumstances of the crime.

It is suggested that your friend should take the initiative to cooperate with the civil liability and seek the victim's forgiveness, and the court will give a lighter sentence as appropriate.

If the injury is more than minor, criminal liability and civil liability must be paid, and the minor injury shall be sentenced to fixed-term imprisonment of not more than 3 years, and a certain amount of compensation shall be paid. In the case of serious injury, criminal liability and civil liability shall also be paid, and the sentence shall be imprisonment for more than 3 years, and compensation shall be paid. But it's better to settle privately, and no one will benefit from going to court!

If you can reconcile, then it's private. This kind of injury is reported to the police, that is, detained. There will be no sentence.

does not constitute a crime.

Basically, they all settled privately.

Let the police station adjust and clarify the responsibilities It is okay to be private (it is estimated that medical expenses for lost work are indispensable).

I've come back to this issue.

Well said! But it makes no sense. You're killing yourselves.

1. How to sentence both parties who are injured in a fight

According to the provisions of the relevant laws of our country, if both parties are injured in a fight, the sentencing is based on the circumstances of the injuries and the reason for the fight, and if the injuries are caused more than minor injuries, the crime of intentional injury may be constituted.

Criminal Law of the People's Republic of China

Article 61: [General Principles of Sentencing]When deciding on punishment for criminals, they shall be sentenced in accordance with the relevant provisions of this Law on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society.

Article 234: [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.

Anyone who 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 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.

II. Detailed sentencing standards for the crime of intentional injury

According to the newly revised Supreme People's Court's "Sentencing Guiding Opinions on Common Crimes", the detailed sentencing for the crime of intentional injury is as follows:

1.Where the crime of intentional injury is constituted, the starting sentence may be determined within the corresponding range on the basis of the following different circumstances:

1) Where intentional harm causes minor injuries to one person, the starting sentence may be determined within the range of up to two years imprisonment or short-term detention.

2) Where intentional injury causes serious injury to one person, the starting sentence may be determined within the range of 3 to 5 years imprisonment.

3) Where a person is seriously injured by intentional injury by especially cruel means, causing a grade 6 serious disability, the starting sentence may be determined within the range of 10 to 13 years imprisonment. Except where a sentence of indefinite imprisonment or higher shall be given in accordance with law.

2.On the basis of the starting sentence, the sentence may be increased and the base sentence may be determined on the basis of other facts of the crime that impact the establishment of the crime, such as the consequences of the injury, the level of disability, and the degree of cruelty of the means.

Therefore, where a person is injured with careful injureness, the degree of disability may be considered when determining the starting sentence, or as a sentencing circumstance for adjusting the base sentence.

Legal Analysis: If a fight is an ordinary fight causing minor injury, the crime of intentional injury shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and the crime of assembling a crowd to fight shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release for the ringleader and others who actively participate.

Legal basis: Article 292 of the Criminal Law of the People's Republic of China: Where a crowd is assembled to fight, the ringleaders and others who actively participate in it are sentenced to up to three years imprisonment, short-term detention or controlled release; In any of the following circumstances, the ringleaders and their bankers are to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years: (1) gathering crowds to fight multiple times; (2) Gathering a crowd to brawl with a large number of people, a large scale, and a heinous social impact; (3) Gathering crowds to fight in public places or on major traffic arteries for the elderly, causing serious disruption of social order; (4) Assembling a crowd to fight with weapons.

Where a crowd is assembled to fight, causing serious injury or death, it is to be convicted and punished in accordance with articles 234 and 232 of this Law.

If the other party injures himself after a fight, if it is not serious, it will be subject to administrative punishment if it constitutes an administrative violation, and if the injury is assessed as a minor injury, it may constitute the crime of intentional injury.

Article 43 of the Law on the Punishment of Public Security Administration, a person who assaults another person, or intentionally harms another person's body, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 500 yuan; 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, a person shall be detained for between 10 and 15 days and fined between 500 and 1,000 RMB: (1) Assaulting or injuring others in a group; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.