How long does the law stipulate to constitute a minor injury sentence

1、 How long does the law stipulate to constitute a minor injury sentence

1. Suspected of minor injury Crime of intentional injury , generally sentenced to less than three years fixed-term imprisonment 、 criminal detention perhaps control 。 The object of the crime of intentional injury is the health of others. The crime of intentional injury refers to the crime of intentionally illegally damaging the health of others.

2. Legal basis:

According to the People's Republic of China 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 degree of fighting is minor injury

The criteria for minor injuries are as follows:

1. Causing damage to the appearance of others to the extent of moderate injury;

2. Causing physical damage to others to the extent of moderate injury;

3. Causing partial impairment of others' hearing, vision or other organ functions;

4. Other injuries that cause moderate damage to human health. The specific criteria for judging minor injuries can refer to the Identification Criteria for the Degree of Human Injury jointly issued by the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security.

3、 How much compensation should be paid for minor injuries caused by fighting?

The victim suffered Personal injury , various expenses for medical treatment and reduced income due to missed work, including Nursing expenses Transportation expenses, accommodation expenses, hospital board allowance and necessary nutrition expenses shall be compensated.

1、 Medical expenses

According to the medical expenses, hospitalization expenses and other collection vouchers issued by medical institutions, combined with medical records and diagnosis certificates, etc evidence determine. If the compensation obligor disagrees with the necessity and rationality of treatment, it shall bear the corresponding Burden of proof 。

The amount of compensation for medical expenses shall be in accordance with first instance The actual amount incurred before the end of the court debate is determined. The necessary rehabilitation fees, appropriate plastic surgery fees and other follow-up treatment fees for organ function recovery training can be sued separately after the actual occurrence. However, the necessary expenses determined according to the medical certificate or the expert conclusion may be compensated together with the medical expenses already incurred.

2. Lost time cost

It is determined according to the time lost from work and income of the victim. The time of missing work is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim is disabled due to injury and continues to be absent from work, the time of absence from work may be calculated to the day before the date of disability determination.

If the victim has a fixed income, the lost wages shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to the average income of the last three years; If the victim is unable to provide evidence to prove his average income in the last three years, he may refer to the average of employees in the same or similar industries in the place where the court is located in the previous year wages calculation.

3. Nursing expenses

It is determined according to the income of nursing staff, the number of nurses and the duration of nursing. If the nursing staff has income, it shall be calculated by reference to the provisions of the lost time fee; If a nurse has no income or employs a nurse, it shall be calculated with reference to the remuneration standard of the local nurse for nursing of the same level. In principle, there is one nurse, but if the medical institution or appraisal institution has a clear opinion, the number of nurses can be determined by reference.

4. Nursing care of victims after disability determination

The level of care should be determined according to their degree of dependence on care and in combination with the preparation of disability aids. The transportation expenses shall be calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to another hospital. The transportation fee shall be based on official bills; The relevant vouchers shall be consistent with the place, time, number and frequency of medical treatment.

5. Hospitalized food allowance

It can be determined by reference to the food allowance standard for general staff of local state organs on business trips. If the victim really needs to go to other places for treatment and cannot be hospitalized due to objective reasons, the reasonable part of the accommodation and food expenses actually incurred by the victim and his/her caregivers shall be compensated.

6. Nutrition expenses

According to the victim permanent disability The situation shall be determined according to the opinions of medical institutions.

Minor injury is suspected of intentional injury, and is generally sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. The object of the crime of intentional injury is the health of others. The above is about How long is the sentence for minor injury About. If you have other questions about this problem, you can click the "Ask Now" button below to provide you with professional legal knowledge Services.