How to judge negligence causing serious injury, negligence causing serious injury

Hitting a person with minor injuries or less falls within the scope of public security punishments, but if the injuries are more than slight, then criminal responsibility is borne.

A drunk person has not lost his or her capacity for civil conduct and shall be legally responsible for his actions, which is stipulated in Article 18 of the Criminal Law.

If you are drunk and hurt someone, you can be classified as negligent and injured, then whoever wants to beat someone in the future will first get yourself drunk to escape legal punishment?

As for sentencing, I'll give you another statute:

Article 234 of the Criminal Law: Whoever intentionally harms the body of another person is 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.

There are also civil fines that are indispensable.

This is not negligent injury, the judge will not say that the eye is punctured by the glasses and condemn the crime to the glasses, and drinking alcohol will not be evidence of negligent injury. Negotiate more in court and in court to reduce the crime as much as possible, and of course it is best for the parties to agree to settle the matter in court. However, if the person has already been handed over to the court, it is not necessary to withdraw if he wants to.

Drinking alcohol to injure a person is a crime of intentional injury, and the sentence is based on the severity of the injury.

1. How to judge serious injury caused by negligence.

1. A person who commits a crime of negligence causing serious injury to a person sold by land may be sentenced to fixed-term imprisonment of not more than three years. Where a party causes serious injury to other citizens as a result of a negligent crime, it may be directly found to be a crime of causing serious injury to a person by a negligent crime, and the specific circumstances shall be punished by the judicial organs after determining the negligent conduct.

2. Legal basis: Article 235 of the Criminal Law of the People's Republic of China.

Whoever negligently injures another person causing serious injury shall be sentenced to up to three years imprisonment or short-term detention. Where this Law provides otherwise, follow those provisions.

Article 232.

Intentional homicide] Whoever intentionally kills a person shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.

Article 233.

Whoever causes death by negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow the provisions of the Wheel Eggplant.

2. What are the constitutive elements of the crime of causing serious injury by negligence?

The constitutive elements of the crime of causing serious injury by negligence are as follows:

1. The object element, the object of infringement is the body right of others;

2. Objective elements, in the objective aspect, showing that early compense is an act that illegally harms the physical health of others;

3. The main body is the main body, and the main body is the general subject. Any natural person who has reached the age of 16 and has the capacity for criminal responsibility can constitute it;

4. The subjective element is manifested as negligence in the subjective aspect, including negligence and overconfidence.

Whoever negligently injures another person causing serious injury is to be sentenced to up to three years imprisonment or short-term detention. The court's sentencing will be determined by comprehensively considering factors such as the motive for the crime, subjective malice, harmfulness to society, whether or not they are recidivists, whether they have voluntarily surrendered, and whether they have made a blind contribution, as well as the parties' attitude toward admitting guilt.

Legal basis: Criminal Law Huai Oak

Article 235:Shen [Crime of Negligently Causing Serious Injury] Whoever negligently injures another person and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention. Where this Law provides otherwise, follow those provisions.

Legal Analysis: According to the provisions of the Criminal Law of the People's Republic of China, a person who negligently injures another person and causes serious injury shall be sentenced to fixed-term imprisonment of not more than three years or reserve for criminal detention.

Legal basis: Criminal Law of the People's Republic of China

Article 235.

Whoever negligently injures others imitating Qi Yanren and causes serious injury to another person is to be sentenced to up to three years imprisonment or short-term detention. Where this Law provides otherwise, follow those provisions.

Causing serious injury by negligence refers to the subjective negligence of the perpetrator, but the result of committing an act that causes serious injury to another person. In accordance with the provisions of the Criminal Law, he shall be sentenced to fixed-term imprisonment or criminal detention of the three postures.

Legal basis: Criminal Law of the People's Republic of China

Article 235:Causing serious injury by negligence.

Whoever negligently injures another person causing serious injury shall be sentenced to up to three years imprisonment or detention for servitude. Where this Law provides otherwise, follow those provisions.

Legal Analysis: According to the provisions of the law of repentance in China, a person who negligently injures another person and causes serious injury shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Legal basis: Article 235 of the Criminal Law of the People's Republic of China is the crime of causing serious injury by negligence.

Whoever negligently injures a good believer and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention. Where this Law provides otherwise, follow those provisions.

Main characteristics of this crime: (1) The subject of the crime must be a natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility. Adults who commit this crime shall be held criminally responsible, and minors shall be held criminally liable only if they have reached the age of 16.

2) The object of the infringement is the health of others. (3) Subjective negligence. It could be the fault of negligence, or it could be the fault of overconfidence.

4) Objectively it must have caused the consequence of causing serious injury. When determining this crime, attention should be paid to the distinction between matters other than consent.

Legal basis: Article 235 of the Criminal Law of the People's Republic of China, a person who negligently injures another person causing serious injury shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention. Where this Law provides otherwise, follow those provisions.

Article 95 of the Criminal Law of the People's Republic of China, "serious injury" as used in this Law refers to an injury in any of the following circumstances: (1) mutilating a person's limbs or disfigurement; (2) Causing a person to lose their hearing, vision, or other organ functions; (3) Other major harm to personal health.

The crime of causing serious injury by negligence refers to the act of negligently injuring another person's body and causing serious injury. The object of the offence is the bodily right of another person, and the body rod is the personality right of a natural person to maintain the integrity of his limbs, organs and other tissues. This crime is objectively manifested as an act that harms the physical health of another person in conjunction with the law.

Legal analysis: The crime of negligently causing serious injury refers to the act of negligently injuring the body of another person and causing serious injury to a person. The object of this crime is the bodily right of others, and the body rod is the personality right of a natural person to maintain the integrity of his limbs, organs and other tissues.

This crime is objectively manifested as an act that harms the physical health of another person in conjunction with the law. The crime of causing serious injury by negligence refers to the act of negligently injuring another person's body and causing serious injury. The crime of causing serious injury by negligence mainly has the following constituent characteristics:

1) Elements of the object of this crime is the right to the body of others, and the right to body is the personality right of a natural person whose content is to maintain the integrity of his limbs, organs, and other tissues. Its object is the body, that is, the body of a natural person, including limbs, facial features, hair, nails, etc. Prostheses, dentures, etc., which have constituted an inseparable total score of the limb resistance orange body, should also belong to the body, but those that can be freely loaded and unloaded do not belong to the body.

2) Objective elements: This crime is objectively manifested as an act that unlawfully harms the physical health of others. There are two points to be paid attention to in determining the conduct of illegally harming the physical health of others: 1. To constitute the crime of negligent serious injury, the law not only requires that the perpetrator's behavior must cause actual harm to others, but also requires that such harm only constitutes a crime if it reaches the level of serious injury.

If negligence causes minor injury, it does not constitute a crime, and the perpetrator is only liable for the damages. 2. To constitute the crime of negligent serious injury, it is also required that there is a direct causal relationship between the perpetrator's conduct and the result. That is, the perpetrator's conduct directly and inevitably caused the result of such serious injury, and the actor's conduct is the decisive and fundamental cause of the result of such serious injury.

If the result of serious injury is not directly determined by the actor's conduct, the perpetrator cannot be held criminally liable for the crime of negligent serious injury. (3) Subject Elements: The subject of this crime is a general subject. Any natural person who has reached the age of 16 and has the capacity for criminal responsibility can constitute this crime.

4) Subjective ElementsThe crime is manifested in the subjective aspect of negligence, including negligence and overconfidence. The former refers to the fact that one should have foreseen that one's conduct might result in serious injury to the victim, but failed to foresee it due to negligence; The latter refers to the result of foreseeing and believing that it could have been avoided, resulting in serious injury to the victim.

Legal basis: Article 235 of the Criminal Law of the People's Republic of China, a person who negligently injures another person causing serious injury shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.

Serious injury caused by negligence is to be sentenced to fixed-term imprisonment of not more than three years or short-term detention.

The crime of causing serious bodily injury by negligence is the act of negligently causing serious bodily injury.

Main features of this crime:

1. The subject of the crime must be a natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility. Adults who commit this crime shall be held criminally responsible, and minors shall be held criminally liable only if they have reached the age of 16.

2. The object of infringement is the health of the parties;

(3) Subjective negligence. It can be the fault of negligence or the fault of overconfidence;

4) Objectively it must have caused the consequence of causing serious injury. When determining this crime, attention should be paid to the distinction between matters other than consent.

The object of this crime is the right to the body of the person who is involved in the land, and the right to the body is the personality right of a natural person to maintain the integrity of his limbs, organs and tissues. Its object is the body, that is, the body of a natural person, including limbs, facial features, hair, nails, etc. Prostheses, dentures, etc., which form an inseparable part of the limb, should also belong to the body, but those that can be freely loaded and removed do not belong to the body.

This crime is objectively manifested as an act that unlawfully harms the physical health of the person. First, to constitute the crime of negligent serious injury, the law not only requires that the perpetrator's conduct must cause the actual harm to the party, but also requires that such harm only reach the level of serious injury before it constitutes a crime.

If negligence causes minor injury, it does not constitute a crime, and the perpetrator is only liable for civil damages. This is also one of the important differences between this crime and the crime of intentional injury, and the determination of serious injuries is to be correctly evaluated by forensic medical examiners with reference to the standards for the evaluation of serious injuries issued by the Ministry. Second, it constitutes the crime of negligent serious injury, and it also requires that there is a direct causal relationship between the conduct and the result.

Laws and Regulations

Criminal Law of the People's Republic of China

Article 95: "Serious injury" as used in this Law refers to injury in any of the following circumstances:

1) Crippling a person's limbs or disfigurement;

(2) Causing a person to lose their hearing, vision, or other organ functions;

(3) Other major harm to personal health.