2024 Jilin Legal Examination Public Basic Knowledge Legal Knowledge: Crime of Intentional Injury

1、 Concept

According to the Criminal Law, "crime of intentional injury refers to an act that intentionally and illegally damages the health of others."

2、 Constitutive conditions

（1） Subject condition: a criminal subject who has reached the age of criminal responsibility and has the capacity for criminal responsibility.

First, according to the Criminal Law, the age of criminal responsibility here is divided into three situations, namely, the age of no criminal responsibility, the age of relative criminal responsibility, and the age of full criminal responsibility. Among the relative age of criminal responsibility, those who have reached the age of 12 but not the age of 14 who commit the crime of intentional homicide or intentional injury, causing death or serious injury by special cruel means, causing serious disability, if the circumstances are flagrant, and have been approved by the Supreme People's Procuratorate for prosecution, shall bear criminal responsibility. If a person who has reached the age of 14 but not the age of 16 commits intentional homicide, intentional injury that causes serious injury or death to another person, rape, robbery, drug trafficking, arson, explosion, or the dropping of dangerous substances, he shall bear criminal responsibility. It can be seen that the age condition of the subject of intentional injury crime can be met when the person has reached the age of 12.

Secondly, it should also be noted that those who have reached the age of 12 but not the age of 14 who commit the crime of intentional injury must meet the degree, circumstances and procedural conditions at the same time; If anyone has reached the age of 14 but not the age of 16 and commits the crime of intentional injury, he must be seriously injured or killed as a result, otherwise he shall not bear criminal responsibility.

Finally, if a person who has reached the age of 12 but not the age of 18 commits the crime of intentional injury, he shall be given a lighter or mitigated punishment.

（2） Subjective condition: there is an intention to illegally damage the health of others, including direct intention and indirect intention, that is, recognize that your behavior will cause consequences above minor injury to others, and hope or allow such consequences to occur.

Note that the direct intention is that the perpetrator hopes that the victim will be slightly injured and the above consequences will occur, and the injury result is the positive pursuit of the perpetrator and the direct purpose of the perpetrator; Indirect intention is that the perpetrator lets the victim suffer from minor injuries, which is neither actively pursued nor prevented, but the result is affected by his behavior.

（3） Object condition: infringe upon others' physical rights.

Note: The body refers to the whole body composed of various physiological tissues of a natural person, and each organ is an indispensable part of the body. As the name implies, the body does not include artificial limbs, wigs, false teeth and other elements that are not part of the body, but artificial bones that have become part of the body are part of the body. Once the violation causes minor injuries or above, it constitutes a crime of intentional injury. And notice that what is violated here is the body of others, so hurting your own body does not constitute a crime of intentional injury. Similarly, hurting the body of the fetus does not constitute the crime of intentional injury.

（4） Objective conditions:

1. Must have behaviors that damage the health of others, including acts and omissions. Among them, "as" refers to the crime of intentional injury constituted by positive behavior, such as violent assault causing serious injury; However, omission refers to the crime of intentional injury constituted by negative omission, which can only be constituted by people with specific obligations. For example, the mother does not send the children infected with infectious diseases to hospital for treatment, resulting in their lifelong disability.

It should be noted that for the crime of omission, there are four sources of its specific obligations: the obligation of act expressly stipulated by law; Duty required by position or business; Act obligations arising from legal acts; Act obligations arising from antecedent acts.

2. The act of harming the health of others must be illegal. On the contrary, acts with legal basis cannot constitute the crime of intentional injury. For example, in hospital treatment, the doctor amputates his limb with the consent of the patient; Causing serious injury in the process of special self-defense does not constitute the crime of intentional injury.

Note: Based on the promise of others to hurt others' bodies, whether the crime of intentional injury is established can be divided into three situations: first, in the case that the victim promises to hurt in order to protect another major legal interest, the will of the victim should be respected and the effectiveness of his promise should be affirmed. For example, the doctor mentioned above amputated his leg with the consent of the patient. Of course, the subject of the commitment must be over 18 years old and must not obtain the commitment by force or other illegal means, otherwise the commitment will be invalid. Second, in the case of simple injury without protection of another major legal interest, although the victim has promised, but serious injury is caused, it should be identified as intentional injury crime. Third, if the victim promises to cause minor injuries, it should not be identified as the crime of intentional injury.

[Example] The following acts do not constitute the crime of intentional injury ().

A. A, as a prison supervisor, beats the person under supervision, resulting in fracture

B. B illegally detains the victim and vigorously twists the victim's arm to break it

C. With his own consent, Ding took one kidney from a 17-year-old boy and paid him 50000 yuan as compensation

D. As a member of the underworld, Wu was cut off with his consent for violating the rules of the gang

[Answer] D.

[Public Interpretation] According to the provisions of the Criminal Law, prison supervisors have specific obligations to beat or corporal punishment and maltreatment of the supervised, resulting in the disability of the victim, and will be punished as the crime of intentional injury. Therefore, option A is composed. According to the second paragraph of Article 238 of the Criminal Law, anyone who illegally detains another person and uses violence to cause injury or disability shall be punished as the crime of intentional injury. Therefore, option B is composed. According to the provisions of the Criminal Law, serious injury and death cannot be committed, so those who take organs from people under the age of 18 shall be convicted and punished as intentional injury. However, minor injury is within the scope of commitment and does not constitute a crime, so option D is consistent with the question.