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Sentencing for intentional injury under the age of 14

Time: 2024.02.25 label: criminal defense Defense of violent crimes Reading: 1137 people

Lawyer's analysis:

1. Juvenile crimes committed under the age of 14 are generally not subject to criminal punishment, so the crime of intentional injury committed under the age of 14 is generally not subject to formal punishment;
2. The court will order his parents or guardian They should be disciplined and, when necessary, taken in by the government. However, if serious circumstances occur due to intentional wounding, it may increase punishment The punishment depends on the case.

Legal basis:

Article 17 of the Criminal Law of the People's Republic of China
If a person who has reached the age of 16 commits a crime, he 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.
If a person who has reached the age of 12 but not the age of 14 commits the crime of intentional homicide or intentional injury, causing death to another person or serious injury to another person by special cruel means, resulting in serious disability, and the circumstances are flagrant, and the Supreme People's Procuratorate approves the prosecution, he shall bear criminal responsibility.
Persons under the age of 18 who have been investigated for criminal responsibility in accordance with the provisions of the preceding three paragraphs shall be given a lighter or mitigated punishment.
If he does not receive criminal punishment because he has not reached the age of 16, his parents or other guardians shall be ordered to discipline him; When necessary, special corrective education shall be carried out according to law.
Article 234 of the Criminal Law of the People's Republic of China
Whoever intentionally harms another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; Whoever causes death or serious injury to another person by especially cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where this Law provides otherwise, such provisions shall prevail.

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Lawyers' answers

ask What are the circumstances under which a person who has reached the age of 12 but not the age of 14 assumes criminal responsibility

The circumstances under which a person who has reached the age of 12 but not the age of 14 assumes criminal responsibility are that he commits the crime of intentional homicide or intentional injury, causing death or serious injury to another person by special cruel means, causing serious disability; If the circumstances are serious and the Supreme People's Procuratorate has approved the prosecution, it is necessary to

Lawyer Xia Anlian

ask Whether killing is punishable by death

In criminal cases, criminals who intentionally kill people are generally sentenced to death, life imprisonment or fixed-term imprisonment of more than 10 years according to the provisions of the Criminal Law. However, in the process of a case, if the death of the victim is caused by carelessness, it is due to negligence

Lawyer Xia Anlian

ask How many years will you be sentenced for hitting someone with loose teeth

According to the Appraisal Standard for the Degree of Human Injury, more than two loose teeth or more than one loose third degree teeth belong to minor injuries. Therefore, intentional injury to loose teeth does not constitute a crime and can be punished according to law. According to the Law of the People's Republic of China on Administrative Penalties for Public Security, beating him

Lawyer Xia Anlian

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Lawyer Xia Anlian

Yunnan Tianwaitian Law Firm

Xia Anlian has worked in the lawyer industry since 2015, and has been practicing in Yunnan Tianwaitian Law Firm since he passed the judicial examination in 2016. He has a solid theoretical foundation, has undertaken many civil and commercial cases and criminal cases since his work, and has rich practical experience. With the purpose of safeguarding the interests of the parties, actively avoid legal risks for the parties and reduce economic losses. During his work, he served a number of consulting units, had a good control over the company's daily operation and management risks, could provide legal basis and legal advice for the company's decision-making in an all-round way, and effectively reduced the company's litigation risk. Areas of expertise: contract disputes, marriage and family, criminal defense, claims and debts.

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