I hope the above can help you.
Suspected of intentional injury causing serious injury to the other party, actively compensate for surrender and obtain the understanding of the other party. What's the minimum sentence? Hello, if you have no criminal record, a professional lawyer will defend you, and you may be suspended. Contact as soon as possible.
Can a person get a suspended death sentence from intentional injury to serious injury in order to get a letter of understanding for compensation? If there is no surrender, underage and other circumstances, even if you understand, you will not be given a suspended sentence, but you can reduce the punishment.
Intentional injury causes serious injury, which can be stopped if the victim understands? Those who intentionally injure others and cause serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, which does not meet the conditions for probation and cannot be suspended.
criminal law
Article 72 Applicable Conditions 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. Among them, people under 18 years old, pregnant women and people over 75 years old should suspend:
(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.
Article 73 The probation period for criminal detention with suspended sentence shall be not less than one year but not more than two months.
The probation period of probation for fixed-term imprisonment is limited to not less than the original sentence but not more than five years, but not less than one year.
The probation period of probation shall be counted from the date when the judgment is determined.
Article 74 Probation shall not be applied to recidivists. For recidivists and ringleaders of criminal groups, probation is not applicable.
Article 234 Whoever intentionally harms another person's body 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 injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
Intentionally injuring others, there is also a letter of understanding for compensation. Will the court give them a suspended sentence? Intentional injuries are basically unlikely to be delayed, and letters of understanding can only be relatively reduced.
Intentional injury, serious injury, understanding, not surrendering, can I get a suspended sentence? If intentional injury causes serious injury, it shall not be suspended for at least 7 years.
Do not rule out the possibility of bending the law.
Can intentional injury cause serious injury and obtain the victim's understanding, be exempted from punishment or sentenced to probation? It is possible to get a suspended sentence.
First, China's "Criminal Procedure Law" stipulates that exemption from criminal punishment mainly includes the following situations:
1. If the circumstances are obviously minor and the harm is not great, it is not considered a crime. According to the criminal law, it does not constitute a crime. This is the boundary between crime and non-crime. Of course, those who do not constitute a crime cannot be investigated for criminal responsibility.
2. The crime has passed the limitation of prosecution.
3. Freedom from punishment through pardon.
4. Failing to tell or withdraw a crime that should be dealt with according to the criminal law.
5. The criminal suspect or defendant dies.
6. Other laws provide for exemption from criminal responsibility.
Two, according to the provisions of Article 72 and Article 74 of the Criminal Law of our country, the application of general probation must meet the following conditions:
1, sentenced to criminal detention or imprisonment of not more than three years;
2. The criminal does show repentance, and the court believes that the temporary suspension of the sentenced punishment will not endanger society again;
Criminals are not recidivists or ringleaders of criminal groups.
Three. Guiding Opinions of the Supreme Court on Sentencing If the victim or his family members express their understanding, they can comprehensively consider the nature of the crime, the severity of the crime, the reasons for understanding and the degree of confession and repentance, and reduce it by less than 20% on the basis of the benchmark punishment.
Article 234 of the Criminal Law Whoever intentionally harms another person's body and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
To sum up, if the injury causes serious injuries and the victim's understanding is obtained through active compensation, criminal punishment will not be exempted, but probation may be imposed.
Intentional injury that causes serious injury or death shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Only those sentenced to criminal detention or fixed-term imprisonment of not more than three years can be sentenced to probation. Therefore, it is difficult for your friend to get probation!
Can I get a suspended sentence for intentional injury and death after compensation to the victim's family? The statutory punishment is fixed-term imprisonment of more than three years, and probation is only applicable to cases with fixed-term imprisonment of less than three years. If there are no mitigating circumstances such as surrender and major meritorious service, the sentence must be more than ten years, which does not meet the conditions for probation, and it is impossible to sentence probation. Even if you actively compensate and get the understanding of your family, you will only be given a lighter punishment.