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Intentional injury resulting in death or severe disability by extremely cruel means shall be punishable by imprisonment for a term of not less than 10 years, life imprisonment or the death penalty. The perpetrator subjectively had the intent to harm others, and was negligent in the victim's death. Surrendering immediately after the injury results in death is a statutory mitigating circumstance, but the sentencing must be decided by the judge on the basis of the circumstances of the case.
Among them, in the course of judicial practice, if a person dies due to some radical acts, he will generally not be sentenced to death. Under the Penal Code, the penalty for intentional injury resulting in death is 10 years, and the death penalty applies. In criminal proceedings, "the criminal suspect's active civil compensation to the victim and his family is a discretionary circumstance that is fully considered in sentencing" has been commonly used in judicial practice.
Therefore, the settlement of the civil compensation part will directly affect the time limit for the actual sentence of the criminal suspect. In the case of intentional injury resulting in death, if a public prosecution is initiated in a basic court, it is generally more beneficial to the criminal suspect, and the sentence will not be life imprisonment, and if the compensation is actively compensated, it will generally be about 12 years; If a public prosecution is filed in the Intermediate People's Court, even if the compensation is positive, the upper penalty will eventually be used. Legal basis:
Article 234 of the Criminal Law of the People's Republic of China provides 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 releaseWhoever 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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This matter depends on many factors, and it cannot be explained in one or two sentences.
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The sentencing standards for the crime of intentional injury mainly include the following situations:
1. Whoever intentionally injures a person causing minor injury is to be sentenced to up to three years imprisonment, short-term detention or controlled release;
2. A sedan chair that causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;
3. 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.
The crime of intentional injury refers to the criminal conduct of intentionally and unlawfully harming the body of another person and reaching a certain level of seriousness that should be punished by the criminal law. In terms of the object element, the object violated by the crime of intentional injury is the right to physical health of others. In terms of objective elements of conduct, the crime of intentional injury is manifested in the perpetrator committing an act that unlawfully harms the physical health of others.
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 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, shall 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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According to the relevant provisions of the Criminal Law of the People's Republic of China, intentional injury refers to an act that intentionally and unlawfully harms the physical health of another person, and the result includes three situations: minor injury, serious injury, and death from injury. Where the circumstances of the crime of intentional injury are minor, the sentence is between three months and two years of controlled release, and the combined punishment for multiple crimes is not more than three years, and the nearest public security organ is to carry out community corrections.
The specific sentencing for the crime of intentional injury is:
1. Whoever commits the crime of intentional injury shall be sentenced to controlled release, short-term detention or fixed-term imprisonment of not more than 3 years in accordance with law.
2. Where serious injury is caused to others by intentionally injuring the slag guide, a sentence of not less than 3 years but not more than 10 years imprisonment shall be imposed in accordance with law.
3. Whoever causes the death of another person as a result of intentional injury or causes serious injury and disability to another person by extremely cruel means, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or the death penalty in accordance with law.
Articles 234, 238, 247, 248, 289, 292 and 333 of the Criminal Law stipulate that anyone who uses violence to injure a person in illegal detention or causes injury to a person, a person who is injured by extorting a confession by torture or using violence to obtain evidence, a person who abuses a person in custody and causes a person to be disabled, a person who gathers a crowd to "smash and rob" and causes a person to be disabled, a person who gathers a crowd to fight and causes serious injury, or who illegally organizes or forces others to sell blood and causes injury, shall be punished as the crime of intentional injury, and the punishment shall be: (1) committing the crime of intentional injury, The sentence is up to 3 years imprisonment, short-term detention or controlled release. (2) Whoever commits the crime of intentional injury, causing serious injury such as rolling rock, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
3) Whoever intentionally inflicts bodily harm on others, causing death, or seriously injuring others by especially cruel means, causing serious disability, is to be sentenced to 10 or more years imprisonment, life imprisonment, or death.
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According to Article 234 of the Criminal Law of the People's Republic of China, anyone who intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or public surveillance. 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. 1.
Those who intentionally injure the body of others are to be sentenced to up to three years imprisonment, short-term detention or controlled release. 2.Whoever intentionally injures another person and causes serious injury shall be sentenced to fixed-term imprisonment of not less than one year but not more than ten years.
The term "serious injury" here, in accordance with the provisions of Criminal Law 95, refers to any of the following circumstances: (1) mutilating a person's limbs or disfiguring a person's appearance; (2) Causing a person to lose hearing, vision or other organ functions; (3) Other serious harm to personal health. Among them, "other major injuries to human health" mainly refers to complications other than the above-mentioned serious injuries that are life-threatening at the time of injury or can cause life-threatening complications during the injury, as well as other injuries that seriously affect human health, mainly including craniocerebral injury, neck injury, chest injury, abdominal injury, pelvic injury, spine and spinal cord injury, as well as burns, scalds, frostbite, electric shock injury, injuries caused by physical, chemical or biological and other injury factors.
On March 29, 1990, the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security issued the Standards for the Appraisal of Serious Human Injuries. In judicial practice, the appraisal of serious injuries is mainly carried out in accordance with the Standards for the Appraisal of Serious Human Injuries. 3.
Whoever intentionally injures another person causing death, or uses especially cruel means to cause serious injury to a person causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. "Causing death" here refers to the perpetrator's intention to harm the health of others, but the victim's death is caused by the victim's lack of timely or effective medical treatment after the injury or due to other reasons. "Particularly cruel means" refers to the act of intentionally causing serious disability to others and using particularly cruel means such as disfiguring them, gouging out people's eyes, or cutting off people's feet.
Legal basis:Article 234 of the Criminal Law of the People's Republic of China stipulates that anyone who intentionally injures another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. 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.
First of all, you should go to the police station to report the case as soon as possible, the police station case is the first basis for future processing, if there is no case filing and police investigation, it will be quite difficult to deal with it in the future; >>>More
Sue directly, ** has no right to detain you.
The crime of intentional injury refers to the act of intentionally and unlawfully harming the physical health of others, excluding the act of intentionally infringing on the lives of others, and is a crime of infringing on citizens' personal rights and democratic rights in the Criminal Law. The sentence for the crime of intentional injury depends on the degree of injury caused to the victim by the intentional injury, and is mainly divided into several situations: minor injury, serious injury, and death, and the punishment is different for different circumstances, with a general sentence of up to three years imprisonment for causing minor injury, three to ten years imprisonment for causing serious injury, and 10 to 10 years imprisonment for causing death, and even a death sentence. Of course, there are many factors that need to be considered in individual cases, the exact number of years of judgment. >>>More
First, the victim should promptly report to the police, and then conduct a forensic medical evaluation, based on the results of which the legal responsibility of the beater is decided. >>>More
Whoever intentionally causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and whoever causes serious injury by especially cruel means causing serious disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. There are many sentencing circumstances that affect intentional injury causing serious injury, for example, the sentence may be increased by one to two months for each additional minor injury, three to six months for each additional minor injury, and one to three months for each additional minor injury. The victim's disability level also affects the sentencing outcome.