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Hello, suspected of intentional injury, sentencing should be combined with specific circumstances. If the intentional injury causes minor injuries in the second degree, compensation of 8-100,000 yuan (excluding medical expenses) can generally be claimed; If it constitutes a first-degree minor injury, you can claim compensation of more than 100,000 yuan (excluding medical expenses). The perpetrator needs the victim to write a letter of understanding to achieve a mitigated punishment, and if there is no letter of understanding, the actual sentence is generally given.
2017) Supreme People's Court's Sentencing Guiding Opinions on Common Crimes.
2) The crime of intentional injury.
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 injury causes minor injury 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.
Where intentional harm causes minor injury, the degree of disability may be considered when determining the starting sentence, or as a sentencing circumstance for adjusting the base sentence.
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The other party is suspected of the crime of intentional injury, and the specific sentencing depends on the circumstances of the case, and it is generally up to three years in prison.
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This is easy to do, they are all second-degree minor injuries, the police station will deal with it like this, you pay the other party, the other party will pay you, because you are fighting, not intentional injury, so there is no detention or anything, the general police station does not want to pay attention to such cases, so it will let the two of you discuss privately, if the discussion is not good, in accordance with the public security management regulations, both of them will be fined.
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A fight that causes minor injuries to both parties in the second degree constitutes the crime of intentional injury, and in accordance with the law, a sentence of up to three years imprisonment shall be imposed. It is better for both parties to reconcile, to see a doctor yourself, and not to hold the other party responsible. Learn your lessons later.
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Fighting causing minor injuries in the second degree, suspected of intentional injury, shall be sentenced to up to three years imprisonment, and compensation for ** expenses, lost work expenses, nursing expenses, and transportation expenses.
In accordance with the provisions of the current Criminal Law, where a criminal suspect intentionally injures another person's body, causing the victim minor injuries or more, the people's court may convict and punish the criminal suspect in accordance with the crime of intentional injury, as follows:
1. Where intentional injury causes minor injury to one person, the injury is close to a slight injury, the social impact is not great, the victim is at fault, or the defendant fully compensates the victim for economic losses, it is a short-term detention sentence or controlled release sentence;
2. Intentionally injuring the body of another person, although it constitutes a minor injury, but the injury is close to a slight injury, is to be sentenced to six months imprisonment; if the injury is between mild and severe, it shall be sentenced to one year's imprisonment; where the injury is close to serious injury, the sentence is one year and six months imprisonment.
Article 234 of the Criminal Law of the People's Republic of China: 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 1 of the Standards for the Appraisal of Minor Human Injuries of the People's Republic of China: These standards are formulated on the basis of the relevant provisions of the Criminal Law of the People's Republic of China, on the basis of the theories and techniques of medicine and forensic science, and in combination with the practical experience of forensic medical examinations, to provide a basis for the evaluation of minor injuries. Article 2: Minor injuries refer to injuries that are caused by physical, chemical, biological, or other external factors acting on the human body, causing a certain degree of damage to the structure of tissues or organs or partial dysfunction, but which do not constitute serious injuries but are not minor injuries.
Article 3: The assessment of the degree of injury shall be based on the primary damage and consequences directly caused by external factors to the human body, including the injury at the time of the injury, the complications and sequelae caused by the injury, etc., and shall be comprehensively analyzed and assessed.
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A fight that causes a second-degree minor injury to the other party constitutes the crime of intentional injury and may be sentenced to up to three years in prison, criminal detention or controlled release. If the victim is compensated for the victim's losses and the victim's forgiveness is obtained, a suspended sentence may be imposed. Article 234 of the Criminal Law provides:
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.
Article 72 of the Criminal Law stipulates that a suspended sentence may be announced for a person sentenced to short-term detention or fixed-term imprisonment of less than three years, and a suspended sentence may be announced for those who are under the age of 18, pregnant women, and persons who have reached the age of 75: (1) the circumstances of the crime are relatively minor; (2) Showing remorse; (3) There is no risk of recidivism; (4) The probation has no major adverse impact on the community in which the person resides.
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