The benchmark punishment of intentional injury crime

Basis of criminal law for intentional injury: Article 234 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever intentionally hurts 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. First, the benchmark penalty 1. If intentional injury causes minor injuries, the benchmark punishment is one year and six months' imprisonment. 2. Intentionally injuring others' bodies, causing serious injuries, and failing to reach the disability standard, the benchmark punishment is four years' imprisonment. 3. If the victim is injured 10 due to intentional injury to another person's body, the basic penalty is four years and six months. For each additional disability 1, the basic penalty is increased by six months. 4. Intentionally hurting others' bodies and causing serious injuries by particularly cruel means, resulting in the victim's disability of level 6 or above, the benchmark punishment is 11 years' imprisonment, and the benchmark punishment will be increased by one year 1 for each additional level of disability. 5. Intentionally hurting others' bodies and causing serious injuries by particularly cruel means, resulting in the victim's disability of level 2 or above (including level 2), the benchmark punishment is life imprisonment. 6. If intentional injury to another person's body causes death, the benchmark punishment shall be life imprisonment. Second, the principle of compartmentalization. If the benchmark punishment is fixed-term imprisonment of not more than three years, the sentence shall be three months. If the benchmark punishment is fixed-term imprisonment of more than three years, the term of imprisonment is 6 months. Three. Application of Sentencing Circumstances (1) In case of recidivism, a heavier punishment can be given in 1-3 sentencing box. 2. If the victim is slightly injured, he can be given a heavier punishment in the 1-2 sentencing box: (1) If the victim is slightly injured; (2) Causing minor injuries to the victim for many times or causing minor injuries to two or more people (including two people). 3. If the victim is seriously injured, he can be given a heavier punishment in the 1-3 sentencing box: (1) If the victim is seriously injured but fails to meet the disability standard, it is seriously injured; (2) Causing multiple serious injuries to the victim or causing serious injuries to more than two people (including two people). 4. Under any of the following circumstances, a heavier punishment can be given in the 1-2 sentencing box: (1) premeditated possession of a gun or possession of a gun causes death; (2) cruel means or despicable motives. 5, causing minor injuries to the victim, the defendant has the ability to compensate but refuses to pay compensation, can be given a heavier punishment within the scale of 1; If the victim is seriously injured and the defendant has the ability to compensate but refuses to pay compensation, he can be given a heavier punishment in the 1-2 sentencing box. 6. Under any of the following circumstances, a heavier punishment can be given in the 1 sentencing box: (1) The defendant is at fault and the victim is not at fault; (2) Having been punished for public security for beating others for more than 2 times. (2) Lighter or mitigated circumstances 1, and the benchmark punishment is fixed-term imprisonment of not more than three years, thus causing minor injuries to the victim, a lighter punishment can be given in 1-3 sentencing boxes. The benchmark punishment is fixed-term imprisonment of more than three years. If the victim is seriously injured, he can be given a lighter punishment in the 1-2 sentencing box. 2. If the victim is at fault, he can be given a lighter punishment in 1-3 sentencing box; If the benchmark punishment is fixed-term imprisonment of more than 10 years, a lighter punishment can be given in 1-5 sentencing boxes. 3. If the defendant fully compensates or mostly compensates the victim for economic losses, he may be given a lighter punishment in the 1-3 sentencing box. If the defendant reaches a settlement with the victim and obtains the understanding of the victim, he may be given a lighter punishment within 2-5 sentencing boxes; If the victim is slightly injured, the defendant has a good attitude of pleading guilty and there are no other statutory aggravating circumstances, control or exemption from criminal punishment may be considered. 4. If there are circumstances of surrender, you can be given a lighter or mitigated punishment within 2-4 sentencing boxes; If the benchmark punishment is fixed-term imprisonment of not more than three years and the circumstances of the crime are minor, criminal detention, control or exemption from criminal punishment may be considered. 5. Those who have rendered meritorious service may be given a lighter or mitigated punishment in the 1-3 sentencing box. Those who have made significant meritorious service may be given a mitigated punishment; If the benchmark punishment is fixed-term imprisonment of not more than three years and the circumstances of the crime are minor, criminal detention, control or exemption from criminal punishment may be considered. Those who have made great meritorious service by surrendering themselves shall be given a mitigated punishment; The benchmark punishment is fixed-term imprisonment of not more than three years, and can be exempted from criminal punishment, public surveillance or criminal detention. 6. Whoever actively rescues the victim after committing a crime may be given a lighter punishment in the 1-2 sentencing box. 7. If the guilty attitude is good or relatives are hurt by family chores, they can be given a lighter punishment in 1-2 sentencing box. 8. There are statutory mitigating circumstances, and the guilty attitude is good. The defendant compensated the victim for economic losses and obtained the victim's understanding. If there are no other statutory aggravating circumstances and the benchmark punishment is fixed-term imprisonment of not more than three years, criminal detention, control or exemption from punishment may be considered; If the benchmark punishment is fixed-term imprisonment of more than three years, the punishment shall generally be mitigated. 9. The defendant has more than two statutory mitigating circumstances or only two circumstances, and one of them should be mitigated; If there are no other circumstances that prevent a lighter or mitigated punishment, it may be considered to reduce the punishment within the scope of statutory punishment or apply for exemption from criminal punishment. If the handling of the relevant situation is not clear, you can consult a lawyer to define it.