Trial standard:
1. Probation must be a punishment in which the criminal is sentenced to criminal detention or imprisonment of not more than three years, and the criminal does show repentance. Only the application of probation will not harm the society can it be applied;
2. The statutory penalty for intentional injury causing minor injuries is fixed-term imprisonment of not more than three years, and serious injuries are only three to ten years;
3. Probation depends not only on whether the sentence is less than three years, but also on the criminal's personal danger and the possibility of recidivism. If, after examination, the court considers that the criminal sincerely pleads guilty and repents, and the most important thing is to actively compensate the victim for his understanding, then the case can also be suspended.
If the perpetrator intentionally injures another person's body, causing minor injuries to the victim for the second time, it will constitute the crime of intentional injury and be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. If the following conditions are met at the same time, probation may be applied:
1, the circumstances of the crime are relatively minor;
2. There is indeed repentance;
3. There is no risk of recidivism;
4. The application of probation has no adverse effects. If it is a minor, a pregnant woman or a person over 75 years old, probation should be applied.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 72 of the Criminal Law of People's Republic of China (PRC)
A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time, and suspended for people under the age of 18, pregnant women and people who have reached the age of 75:
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives.
Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation.
If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.