The constitutive elements of the crime of intentional injury are as follows:
1, object element. Infringe on the physical rights of others;
2. objective factors. There are illegal acts of harming others' bodies;
3. Main elements. Any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute the crime of intentional injury;
4. Subjective factors. Act purposefully.
1, concussion is not necessarily a minor injury.
The appraisal of minor injuries shall be appointed or hired by the public security organ, the people's procuratorate and the people's court according to law by a forensic doctor who enjoys the right of judicial appraisal or a person with the qualification of forensic appraisal as an appraiser.
The determination of the degree of injury should be based on the primary injury and its direct consequences caused by external factors, including the injury at the time of injury, complications and sequelae caused by injury, etc. , comprehensive analysis and evaluation should be carried out.
2, the process of injury identification
(1) The victim's application for identification shall be filed within the time limit for proof;
(2) When applying for appraisal, the appraisal fee shall be paid in advance, and relevant materials shall be provided;
(3) After the victim applies for appraisal, it needs to be approved by the court, and both parties shall confirm the appraisal center and personnel with appraisal qualification through consultation. If negotiation fails, the people's court shall designate an appraisal institution;
(4) If the victim disagrees with the appraisal result made by the appraisal institution designated by the people's court, he shall apply for re-appraisal. If it is necessary to put forward one of the following circumstances for re-appraisal, the court shall allow it:
① The appraisal institution or appraiser does not have relevant qualifications;
(2) The appraisal procedure is seriously illegal;
③ The evidence of appraisal results is obviously insufficient;
(4) Other circumstances that cannot be used as evidence after cross-examination.
Second, the difference between minor injuries and minor injuries?
The difference between minor injuries and minor injuries includes the different degree of injury to people and the different nature of punishment.
1, the degree of harm to people is different.
Minor injuries cause damage to limbs or appearance, dysfunction of hearing, vision or other organs, or other injuries with moderate harm to personal health, including first-degree and second-degree minor injuries. Primary injury caused by various injury factors, leading to slight damage or dysfunction of tissues and organs.
2. The nature of punishment is different.
If you intentionally hurt others to minor injuries, it is suspected of a criminal offence, while intentionally hurting others to minor injuries is a violation of the Law on Public Security Administration Punishment. Minor injuries and minor injuries have changed in nature in law. If the other party is slightly injured, he shall be investigated for criminal responsibility and bear civil liability for compensation. Minor injuries violate the public security administration punishment law, administrative detention, fines, etc. Compensation or mediation can be made according to law, but legal procedures still need to be carried out.
After diagnosis and treatment, citizens can claim damages from the infringer if they find that their injuries are concussion. Of course, in order to prevent the other party from not being liable for compensation, it is best to apply to the relevant qualified local institutions for injury identification first, and then make a request, and then ask the other party to be liable for compensation after obtaining the injury identification book.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 234 of the Criminal Law of People's Republic of China (PRC)
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.
Article 17
If a person who has reached the age of 16 and is criminally responsible commits a crime, he shall be criminally responsible.
A person who has reached the age of 14 but is under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion or throwing dangerous substances, and shall bear criminal responsibility.
If a person who has reached the age of 12 but under the age of 14 commits the crime of intentional homicide or intentional injury, causing death or serious disability by particularly cruel means, if the circumstances are bad, he shall be prosecuted with the approval of the Supreme People's Procuratorate, and shall bear criminal responsibility.
If a person under the age of 18 is investigated for criminal responsibility in accordance with the provisions of the preceding three paragraphs, his punishment shall be given a lighter or mitigated punishment.
If a person is not given criminal punishment because he is under the age of sixteen, his parents or other guardians shall be ordered to discipline him; When necessary, carry out special corrective education according to law.