Causing minor injury How to judge if the other party doesn't understand?

1、 Causing minor injury How to judge if the other party doesn't understand

Minor injury caused by negligence, Grade II non understanding will be sentenced to less than three years fixed-term imprisonment 、 criminal detention perhaps control 。 Minor injury can also be divided into minor injury level I and minor injury level II. Whether the actual punishment will be imposed or not should be determined by the court according to the defendant's criminal circumstances.

If both parties fail to reach an understanding and coordination, the court will make a judgment according to law. If the victim is injured as a result of fighting, and it is identified that the victim is slightly injured or above, the perpetrators Crime of intentional injury According to law, it is the sentencing of fixed-term imprisonment of not more than three years, criminal detention or public surveillance. If bodily injury is caused to a person, it shall compensate for medical treatment, missed work, nursing, transportation, accommodation, food allowance during hospitalization, necessary nutrition and other expenses; Damage reaches Disability level Yes, we still need Disability compensation Fees for disability aids and quilts raise Living expenses, as well as necessary rehabilitation expenses actually incurred due to rehabilitation nursing and continuous treatment Nursing expenses Follow up treatment fee.

《 criminal law 》

Article 234 Intentional injury If another person is physically ill, he 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 special cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death penalty 。 Where this Law provides otherwise, such provisions shall prevail.

2、 What are the elements of the crime of intentional injury

The elements constituting the crime of intentional injury include:

（1） Object Elements

The object infringed by this crime is the right to physical health of others. The so-called physical right refers to the personality right of natural persons to maintain the integrity of their limbs, organs and other organizations. It should be noted that this crime infringes on the body rights of others. Therefore, intentionally harming your own body is generally not considered a crime.

（2） Objective Elements

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The objective aspect of this crime is the act of illegally damaging the body of others.

（3） Main Elements

The subject of this crime is the general subject. Where Age of criminal responsibility All natural persons who have the capacity for criminal responsibility can constitute this crime, among which, natural persons who have reached the age of 14 but not the age of 16 have Intentional injury causes serious injury Or death, shall bear criminal responsibility.

（4） Subjective elements

This crime is intentional in the subjective aspect. That is, the perpetrator hopes or allows such a result to happen when he knows that his behavior will cause damage to the health of others. In general, the perpetrator may not have a clear understanding and pursuit of the extent of the damage to the victim caused by his own injury behavior. No matter what degree of result is caused, it is within its subjective intent. Therefore, it can generally be determined as intentional minor injury or intentional serious injury according to the actual injury result.

Causing minor injuries to others has violated the criminal law of our country. As long as serious consequences are caused, the criminal responsibility of the party concerned can be investigated. Generally, the punishment will be based on the actual injury of the injured party. The light person will be sentenced to fixed-term imprisonment of less than three years, and the heavy person can be sentenced to death. If the other party does not forgive, Then there is no possibility of a lighter or mitigated sentence.