What's the second level sentence for minor injuries caused by provocation

I To provoke trouble What is the second level judgment for minor injuries?

Class II general sentence of less than five years for minor injuries caused by provocation fixed-term imprisonment 、 criminal detention perhaps control If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be sentenced to fine 。

《 criminal law 》

Article 293【 Crime of provoking trouble 】Whoever commits one of the following acts of provoking trouble, thus disrupting public order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:

（1） Beating others at will, to a flagrant extent;

（2） Chasing, intercepting, abusing or intimidating others to a flagrant extent;

（3） Forcibly taking or demanding or arbitrarily damaging or occupying public or private property, the circumstances being serious;

（4） Making troubles in public places, causing serious disorder in public places.

Whoever gathers others to commit the acts mentioned in the preceding paragraph for many times, thus seriously disrupting public order, shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.

2、 What are the consequences of beating others at will?

（1） Cause more than one minor injury or more than two persons Minor injury Of;

（2） Causing other people's mental disorder, suicide and other serious consequences;

（3） Repeatedly beating others at will;

（4） Beating another person at will with a lethal weapon;

（5） Beating the mentally ill, the disabled, the vagrants and beggars, the elderly, pregnant women and minors at will, causing adverse social impact;

（6） Beating others at will in public places, causing serious disorder in public places;

（7） Other serious circumstances.

3、 Causing minor injuries Level 2 civil suit collateral to criminal proceedings What are the processes of?

1. After accepting a criminal case, the people's court shall inform the victim who has suffered material losses or other persons who have the right to file incidental civil cases according to law litigation People with criminal rights have the right to bring incidental civil action.

2. At the stages of investigation, preliminary hearing, examination and prosecution, if a person who has the right to bring an incidental civil action claims compensation to the public security organ or the People's Procuratorate and has been recorded by the People's Procuratorate of the public security organ, after the criminal case is brought, the People's Court shall accept it as an incidental civil action.

3. The people's court receives an incidental civil action Indictment , or after accepting the oral complaint, it shall review and decide whether to Filing a case 。 accord with criminal procedure law If the regulations are not met, the case shall be accepted, Ruled to dismiss the lawsuit 。

4. After accepting the incidental civil action, the people's court shall, within 5 days, serve the defendant in the incidental civil action with a copy of the statement of complaint and time limit of trials Determine the defendant to submit civil Pleading Time of.

5. The People's Court Hearing Before a case, a summons shall be served on the plaintiff and defendant in an incidental civil action to notify them to appear in court on schedule. If the plaintiff refuses to appear in court without justified reasons or withdraws from court halfway without the permission of the court, it shall be deemed as withdrawal of the lawsuit; If the defendant fails to appear in court without justified reasons, a civil action may be carried out bench warrant service 。

6. The parties to an incidental civil action are liable for their own claims Burden of proof 。

7. An incidental civil action brought by an individual citizen or an enterprise, institution or other organization may request the people's court to try the case for mediation, which shall be conducted on a voluntary and legal basis. If an agreement is reached through mediation, the judges shall prepare a mediation statement in a timely manner, and the mediation statement shall become legally effective once it is served on both parties.

8. If no agreement can be reached through mediation or one party reneges before the mediation statement is delivered to both parties, the incidental civil action shall be the same as criminal action The trial shall be held at the same time. The trial should generally be conducted in stages. The criminal part should be tried first, and then the incidental civil part. The trial procedure of the incidental civil part should refer to the civil trial procedure.

9. The People's Court finds that public prosecution If the act of the defendant in the case does not constitute a crime, if no agreement can be reached through mediation on the incidental civil action already instituted, it shall be made at the same time paper of civil judgment collateral to criminal proceedings 。

The sentencing standard for provocation is determined by the people's court in combination with the details of the case. The secondary injury caused to the victim is relatively serious, and the possibility of criminal detention or public surveillance is relatively small, unless Juvenile delinquency Or the victim's understanding has been obtained surrender oneself And so on. If a person is sentenced for provoking trouble, the criminal shall also be liable for damages to the victim.