Can a severed right thumb constitute a minor injury?

Minor injuries have been constituted, but they must be confirmed by an appraisal of the degree of human injury issued by the Public Security Judicial Appraisal Center.

It seems to be able to be rated, 9 or 10.

According to the Standards for the Appraisal of Serious Human Injuries issued by the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security, serious injuries refer to injuries that cause a person to be physically disabled, disfigured, lose hearing, lose vision, lose the function of other organs, or have a major impact on personal health.

Article 7 Limb loss refers to one of the following situations:

a) The thumb of any hand is missing more than the interphalangeal joint;

ii) the absence of any three fingers in one hand except the thumb exceeds the proximal interphalangeal joint, or the absence of any four fingers in both hands except the thumb exceeds the proximal interphalangeal joint;

c) the absence of any two fingers and their attached metacarpal bones;

Article 8: Although a limb is intact but has lost its function, it refers to any of the following circumstances:

7) Wrist joint ankillosis, contracture deformity or loss of motion of the joint up to 50%;

8) Metacarpophalangeal fracture affects the function of one hand and cannot be used to fingers and objects;

9) Contracture deformity of the thumb of one hand, unable to finger and grasp objects;

10) Except for the thumb, any other three fingers are contracture deformity, and cannot be used to fingers and objects.

You can compare the above criteria for serious injury, if it is not met, it is not considered a serious injury.

Because the law is based on the degree of human injury. Serious injury level 1 refers to the severement, absence or complete loss of function of both hands, while serious injury level 2 refers to the loss of hand function up to 36% of the first-hand function, minor injury level 1 refers to the cumulative loss of hand function of the boss to reach 16% of the first-hand function, and minor injury level 2 refers to the cumulative loss of hand function up to 4% of the first-hand function.

The importance of the thumb is certainly not comparable to that of the little finger. The two are not comparable. Just look at yourself playing with your phone. It's the same with everything else. So it's no surprise that the law does this.

Because the little finger is not very useful, it requires less work than other thumbs.

Because the thumb has a great function for the human body, and the little finger is relatively slight, there are different regulations for this.

This is because if the little finger is injured, it will not affect the game, and it will not cause particularly serious pain to these people, but the thumb is more critical.

Because the use rate of the thumb is higher than that of the little finger. Thumbs are very important in life. If you don't, it can have a serious impact on your life.

Legal analysis: It is a minor injury, and a section of the little finger is cut off, which can be identified as a minor injury of the second degree.

Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms 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 to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, or where serious injury is caused by especially cruel means, or serious disability, the sentence is to be 10 or more years imprisonment, life imprisonment or death.

Where this Law provides otherwise, follow those provisions.

1. Is it a serious injury to be cut off a finger?

1. Being cut off is considered a serious injury. Such an act of injury can be characterized as intentional injury, and as for the injury, it can certainly reach the level of minor injury, so that the person who injured the person will be criminally liable or imprisoned. When the victim issues a letter of understanding, the perpetrator should be sentenced to a false sentence.

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 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.

Article 234-1.

Crime of organizing the sale of human organs] Whoever organizes others to sell human organs is sentenced to up to five years imprisonment and a concurrent fine; where the circumstances are serious, a sentence of five or more years imprisonment and a concurrent fine or confiscation of property is to be given.

Intentional injury] [Intentional homicide] Whoever harvests his or her organs without his consent, or removes the organs of a person under the age of 18, or forces or deceives others to donate organs, is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.

Theft, insult, or intentional destruction of corpses, bones, or ashes] Whoever removes organs from a cadaver against his or her prior wishes, or who does not express his consent before his death, violates state regulations, or removes his cadaver organs against the will of his close relatives, is to be convicted and punished in accordance with the provisions of Article 302 of this Law.

2. The criteria for the identification of serious injuries are as follows:

1. Standing limb disability refers to the loss of limbs due to various injury factors or the loss of function of limbs although they are intact;

2. Disfigurement refers to the disfigurement of others, resulting in significant deformation, ugliness or dysfunction of the face.

Legal analysis: The severed or missing thumb of one hand and the interphalangeal joint of the other hand, and the ring finger and little finger of the other hand except the thumb are severed or missing more than the proximal interphalangeal joint, constitute a minor injury of the first degree.

Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally injures or harms the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release.

Whoever commits the crime of the elder chain 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 10 years, or where serious injury is caused by especially cruel means, causing serious disability, a sentence of 10 or more years imprisonment, life imprisonment, or the death penalty is to be given. Where this Law provides otherwise, follow those provisions.