Identification standard for intentional injury and minor injury

I Intentional injury Minor injury Appraisal standard

1. Minor injury refers to the injury that physical, chemical, biological and other external factors act on the human body, causing a certain degree of damage or partial dysfunction of tissue and organ structure, and has not yet constituted serious injury and is not a minor injury.

2. In the case of intentional injury, the assessment criteria for minor craniocerebral injury are comminuted craniocerebral fracture, the length of scalp wound is more than 20 cm, the assessment criteria for minor facial injury are more than 4 teeth falling off, nasal bone comminuted fracture, one hand function loss of 16%, liver function slight injury, meniscus rupture, and the like are all minor injuries.

3. Intentionally wounding people with minor injuries, less than three years fixed-term imprisonment 、 criminal detention perhaps control 。 According to the law, anyone who harms another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. If serious injury is caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; Whoever kills another person by wounding him or causes him to become seriously disabled by special cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death penalty 。

Legal basis

《 criminal law 》Article 234

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.

II Crime of intentional injury How to measure punishment?

Intentional injury causes minor injury Or seriously injured, the starting point for sentencing and the benchmark punishment may be determined within the following corresponding ranges:

(1) If the circumstances of the crime are general and one person is slightly injured due to intentional injury, the starting point for sentencing is six months to one and a half years of fixed-term imprisonment. According to the severity of the crime, minor injuries Disability level Increase or decrease punishment The quantity determines the standard punishment.

(2) If the circumstances of the crime are general and one person is seriously injured due to intentional injury, the starting point for sentencing is three to four years of fixed-term imprisonment. The standard punishment can be determined according to the severity of the crime and the level of serious injury and disability.

(3) If one person is seriously injured due to intentional injury by special cruel means, resulting in Grade VI serious disability, the starting point for sentencing is 10 to 12 years of fixed-term imprisonment. The benchmark punishment can be determined according to the degree of cruelty of the means and the level of severe disability.

3、 How to determine the crime of intentional injury?

The following issues should be paid attention to in practice when identifying the crime of intentional injury:

1. Distinguish between intentional injury crime and homicide crime. The main difference between the two crimes is whether to take the illegal deprivation of other people's lives as an intention. If the perpetrator has no intention of such illegal deprivation of other people's lives, but only the intention of harming other people's health, even if the behavior leads to the death of other people, he can only be convicted of intentional injury; If the perpetrator has the intention of illegally depriving another person of his life, even if his act does not result in the death of another person, it also constitutes the crime of homicide (attempted murder).

2. Distinguish between intentional injury crime and Crime of causing serious injury by negligence The boundaries of. The crime of negligent serious injury is subjectively negligent, and the law requires that the result of causing serious injury to others can constitute a crime, while the crime of intentional injury is subjectively intentional, even if it causes minor injury to others, it also constitutes a crime of intentional injury.

3. Those who intentionally hurt others' bodies are not necessarily deemed as intentional injury crimes.

There are three criteria for intentional injury. The crime of intentional injury needs to be sentenced according to the actual situation. If one person is injured and only suffered minor injuries, it is OK to sentenced to fixed-term imprisonment of not more than three years. If there are multiple injuries or one person is seriously injured, it is necessary to sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. If someone dies, it can be sentenced to fixed-term imprisonment of not less than 10 years.

The identification of intentional injury and minor injury should consider the combined effect of injury and previous injury. The identification of the degree of injury should be based on the primary injury and consequences directly caused to the human body by external factors, including the injury situation at the time of the injury, the complications and sequelae caused by the injury, and should be comprehensively analyzed and comprehensively evaluated. Identification standard for intentional injury and minor injury , this question has been given a very clear answer in the above article. I hope this article can help you. If you have any related questions, you can click the "Ask Now" button below to ask Nomogram Network specialty lawyer 。