Is being forcibly pulled and pushed down considered intentional injury?

Updated on society 2024-07-16
7 answers
  1. Anonymous users2024-02-12

    It's a deliberate injury. But if he just pushed down and was not injured, or suffered a slight injury, this situation would be difficult to deal with even if he was called to the police, and he would be detained at most as long as he admitted his mistake and had a good attitude. So in this case, try to get some compensation.

    If the injury is severe, then he can be prosecuted.

  2. Anonymous users2024-02-11

    In this way, of course, it can be regarded as deliberately hurting people and forcibly pulling others. You must pay attention to safety outside, my friends are mentally ill, and I have suffered a loss, and I have no place to reason.

  3. Anonymous users2024-02-10

    There is a reason for it, and there is a slight difference.

  4. Anonymous users2024-02-09

    1. Is pushing someone down and injuring yourself an intentional injury?

    1. Whether the injured land section is considered to be early depends on the injury of the person who was pushed down. If the forensic medical examination is a minor injury, it is considered an intentional injury. If the crime of intentional injury is constituted, the sentence is generally up to three years imprisonment, short-term detention or controlled release.

    The object of the crime of intentional harm is the physical health of others, and intentionally harming one's own physical health generally does not constitute a crime.

    2. Legal basis: Article 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.

    2. Therefore, how to compensate for minor injuries caused by intentional injuries.

    Compensation for minor injuries caused by intentional injury includes:

    1. Medical expenses, food expenses, transportation expenses, accommodation expenses;

    2. Lost time pay. The date of the victim's loss of work shall be determined on the basis of the actual degree of damage, the state of recovery, and with reference to the forensic evaluation or the certificate issued by the ** hospital;

    3. Nursing fees. The victim's ability to take care of himself after being injured should generally be determined by a forensic evaluation or a certificate issued by a hospital;

    4. Nutrition fee. It can be calculated at the rate of 40% to 60% of the average living cost of local residents;

    5. Consolation money. The specific amount of solatium for moral injury is to be determined at the court's discretion based on the actual circumstances;

    6. Disability compensation. According to the degree of the victim's inability to work or the level of disability, it is calculated as 20 years from the date of determination of disability in accordance with the per capita disposable income of urban residents in the previous year or the per capita net income of rural residents in the previous year;

    7. The fee for assistive devices for the disabled shall be calculated according to the reasonable cost standard for commonly applicable devices.

  5. Anonymous users2024-02-08

    Legal Analysis: It is an intentional injury, and it is decided how to deal with it according to the degree of injury.

    Legal basis: Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments: Whoever 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 between 200 and 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, he is 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 in one comic manner.

  6. Anonymous users2024-02-07

    It is an intentional injury, and it is decided how to deal with it according to the degree of injury caused by hunger.

    Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments ("Whoever assaults another person, or intentionally harms the body of another person", shall be detained for not less than 5 days but not more than 10 days, and shall also be 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) Assaulting or injuring others in a group; 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.

  7. Anonymous users2024-02-06

    Pushing a person to the ground and injuring him or her is an intentional injury, but it must have the legal consequences of being more than a minor injury. At present, according to the provisions of our country's criminal law, anyone who commits the crime of intentional injury and causes serious injury to another person will be punished with a fixed-term imprisonment of not less than three years but not more than 10 years. However, if the legal consequences are more than minor injuries, the punishment shall be fixed-term imprisonment of not more than three years.

    How long does it take to hear a criminal case of intentional injury?

    The normal time limit for the court of first instance (generally 2 months, no later than 3 months, except in special circumstances).

    People's courts hearing public prosecution cases shall announce a verdict within 2 months of accepting it, and must not exceed 3 months at the latest. In cases where the death penalty might be given, or in cases with attached civil litigation, as well as in any of the circumstances provided, an extension of three months may be granted upon approval by the people's court at the level above; Where an extension is necessary due to special circumstances, it shall be reported to the Supreme People's Court for approval.

    In cases where the people's court changes jurisdiction, the time limit for trial is calculated from the date on which the changed people's court receives the case.

    In cases where the people's procuratorate is supplementing the investigation, after the supplementary investigation is completed and transferred to the people's court, the people's court is to recalculate the time limit for trial.

    In the following cases, where the investigation cannot be concluded at the completion of the prescribed time period, an extension of 2 months may be granted upon approval or decision of the provincial, autonomous region, or directly governed municipality people's procuratorate:

    1) Major and complex cases in remote areas where transportation is very inconvenient;

    2) Major criminal group cases;

    3) Major and complex cases in which the crime was committed on the move;

    4) Major and complex cases in which the crime involves a wide range of areas and it is difficult to collect evidence.

    According to the above provisions, the common time limit for people's courts to hear first-instance cases shall be three to six months.

    It cannot be said that as long as the person pushes someone down, he will definitely be sentenced according to the crime of intentional injury, and if he accidentally falls down in the process of pushing and shoving, and the conclusion of the injury evaluation shows that the injury is minor, it will also be handled as a negligent injury. The sentencing standards for negligent injuries are certainly not the same as those for intentional injuries.

    In our daily life, whether intentionally pushing others down will constitute the crime of intentional injury should be judged according to the severity of the consequences, for example, the consequences of causing others to suffer minor injuries or more can also be subjectively judged to be intentional injury to others, such an act will be punished according to a fixed-term imprisonment of less than three years, of course, very serious is a fixed-term imprisonment of not less than three years but not more than 10 years.

    Legal basis]:

    Criminal Law of the People's Republic of China

    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. 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 of seclusion, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

    Article 235:[Crime of Negligently Causing Serious Injury]Whoever negligently injures another person and causes serious injury shall be sentenced to up to three years imprisonment or short-term detention. Where this Law provides otherwise, follow those provisions.

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