How to punish the attempted intentional injury? Attempted intentional injury can be given a lighter or mitigated punishment in comparison with the completed crime. The crime of intentional injury is generally sentenced to fixed-term detention or public surveillance of less than three years. If there are no serious consequences and the circumstances are minor, the punishment can be exempted: Article 23 [Attempted Crime] of the Criminal Law has already started to commit a crime, but failed due to reasons other than the will of the criminal, It is an attempt to commit a crime. An attempted offender may be given a lighter or mitigated punishment in comparison with an accomplished offender. As for the principle of punishment for attempted offense, two aspects should be paid attention to: one is to take the punishment of accomplished offense as a reference, the other is to appropriately give a lenient punishment, that is, a lighter or mitigated punishment can be compared with that of accomplished offense.
So how to judge whether it has started? In the trial practice, whether criminals have "started" to commit a crime is generally considered from four aspects: 1. The perpetrator must actually contact or approach the target of the crime. 2. The act of execution must pose a direct threat to the direct object of the crime. Otherwise, even if they have contacted or are close to the criminal target, they cannot be considered as criminal initiation. 3. Conduct must be able to directly cause harmful consequences. Although some criminal acts have not directly contacted the criminal object, as long as such acts can directly cause harmful consequences to the criminal object, they should be considered as having started to commit a crime. 4. The perpetration of the act must demonstrate the intent to commit the crime. The starting of a crime is based on the premise that the perpetrator has criminal intention, that is, the behavior of the perpetrator has clearly revealed that he is subjectively pursuing the occurrence of a certain criminal result.
