How does the law determine that intentionally injuring another person with a knife does not constitu

Articles 234, 238, 247, 248, 289, 292, and 333 of the Criminal Law stipulate that anyone who uses violence to injure or injure a person in illegal detention, who causes injury to a person by extorting confessions by torture or using violence to obtain evidence, who abuses a person in custody and causes disability, who gathers a crowd to "smash and rob" and causes disability, 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. These provisions are fictitious rather than precautionary provisions.

1) Committing the crime of intentional injury shall be sentenced to up to 3 years imprisonment, short-term detention or controlled release.

2) Whoever commits the crime of intentional injury, causing serious injury, 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.

Note: Those who meet the requirements for legitimate defense are exempted from punishment.

The subject of the crime of intentional injury is a general subject. Any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute the crime of intentional injury, and among them, a natural person who has reached the age of 14 but is not yet 16 years old shall bear criminal responsibility if he intentionally injures a person causing serious injury or death.

Is there any evidence? The state has strict regulations on the management of controlled knives, ranging from 5 days of detention to crimes endangering public safety.

Legal analysis: Minor injuries do not constitute a criminal case, there is no criminal liability, only administrative liability (public security punishment) and civil liability. shall be punished in accordance with the "Public Security Administration Punishment Law", and 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.

Legal basis: Public Security Administration Punishment Law of the People's Republic of China Article 43 Whoever assaults another person, is old or intentionally harms others, is to be detained for not less than 5 days but not more than 10 days, and is also 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, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB: (1) Gang beating or injuring others; (2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 10 or 4 years of age, or persons over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

Legal Analysis: If the crime of intentional injury is constituted, the sentence is up to three years imprisonment, detention and forced labor, or controlled release in accordance with the law.

Legal Basis: "Criminal Law of the People's Republic of China" Article 234: 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 Zheng Tang.

Where this Law provides otherwise, follow those provisions.

Intentional injury with a knife causing minor injury constitutes the crime of intentional injury and is generally punishable by imprisonment of not more than three years, criminal detention or public surveillance. In addition to criminal liability, if the victim or his family claims civil compensation, the person concerned should compensate for medical expenses and other expenses.

Legal basis] Article 234 of the Criminal Law.

Whoever intentionally injures the body of another person is to 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.

Answer: According to the provisions of the Criminal Law on the criteria for filing a case for the crime of intentional injury, the crime of intentional injury can only be constituted if the person causes minor personal injury or more to another person. Therefore, if the act of intentionally injuring another person only causes minor injuries to the other person, it will not constitute a criminal offence at this time, in other words, intentional injury to minor injuries will not be punished.

However, this does not mean that you will not be subject to other penalties.

Intentional injuries that cause minor injuries are only subject to administrative liability (public security penalties) and civil liability. Generally, minor injuries can be mediated by the public security, and no punishment will be imposed after the mediation agreement is reached; Failure to conciliate may result in a fine or administrative detention.

Legal basis: Article 43 of the Public Security Punishment Law stipulates that "anyone who assaults another person or intentionally injures another person's body shall be detained for not less than 5 days but not more than 10 days and shall also be fined; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 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 at a time.

Minor injuries shall be determined through forensic evaluation, and public security punishments are generally given if malicious injuries do not constitute minor injuries. Although intentional injury does not constitute a crime, the public security organ may impose an administrative punishment in accordance with the Public Security Administration Punishment Law. In accordance with article 43 of the "Public Security Administration Punishment Law", the perpetrator may be detained for not less than 5 days but not more than 10 days, and fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

Article 43 of the Law on Public Security Administration Punishments.

Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and 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.

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 at a time.

1. What is the criterion for conviction of the crime of intentional injury?

1) Subject matter elements.

The object of this crime is the right to the body of others, and the so-called right to the body refers to the personality right of a natural person to maintain the integrity of his limbs, organs and other tissues.

It should be noted that this crime infringes on the bodily rights of others, so intentionally harming one's own body is generally not considered a crime. It is only a crime if the act of self-harm is committed in violation of the relevant criminal law norms with the aim of harming the interests of society. For example, a soldier who injures himself in time of war in order to evade the fulfillment of his military obligations shall be held criminally liable under article 434 of the Criminal Code.

2) Objective elements.

This crime is objectively manifested in the commission of an act of unlawful bodily harm to another person.

1. Have behaviors that harm the body of others.

Actions that harm the body of others can take the form of either positive or negative omissions. The former such as punching and kicking, slashing, smashing, smashing, boiling water, etc.; In the latter case, if the babysitter, who is responsible for protecting the child, is irresponsible and does not care when she sees the child poking a knife at the body, and as a result, the child stabs herself in the eye, which may constitute this crime. It can be carried out by oneself, or by using others such as minors and mentally ill people, and can also be carried out by using domesticated animals such as poisonous snakes and wolf dogs.

It can not only target the appearance of the human body, causing the mutilation of external tissues or the destruction of appearance, but also target the interior of the human body, causing the destruction of internal tissues and organs, and hinder its normal functional activities. In short, whether it is committed directly or indirectly, and no matter what part it is directed at, or what method it takes, as long as it is intentional and can cause harm to the personal health of others, it can constitute this crime.

The handling of intentional injury needs to be operated in accordance with the relevant laws and regulations, but if the actual problem does not constitute intentional injury, then it should be dealt with lightly according to the relevant legal provisions, but the most important thing is that you need to understand more legal constraints, as long as you are within a reasonable range, you can deal with the draft more effectively.