The People's Procuratorate of zhenping county charged the defendant Wu with intentional injury and stirring up trouble with indictment No.54 of Criminal Chu Zi (20 10), and the defendant Wu Zhen committed the crime of intentional injury, and filed a public prosecution with our court on 20 10/0. Our court formed a collegial panel according to law and heard the case in public. Zhenping county People's Procuratorate appointed prosecutors Cai Zhaoqing and Tan Mingxin to appear in court to support the public prosecution. Defendant Wu, Defendant Wu Zhen and his defender Zhang attended the proceedings. During the period, because the defendant applied for re-appraisal, the defender suggested postponing the trial, and the procuratorate suggested postponing the trial because of the discovery of new evidence. The trial is now over.
According to the facts, the public prosecution organ provides the court with the defendant's confession and defense, the victim's statement, witness testimony, expert conclusion, documentary evidence and other evidence. Accordingly, the defendant Wu intentionally and illegally harmed the health of others, causing serious injuries; Defendant Wu Zhen intentionally and illegally harmed the health of others, causing one person to be seriously injured and one person to be slightly injured, all of which violated the second paragraph of Article 234 of the Criminal Law of People's Republic of China (PRC). The defendant Wu ganged up and beat others at will, and the circumstances were bad. His behavior violated the provisions of Item (1) of Article 293 of the Criminal Law of People's Republic of China (PRC); The defendant Wu should be investigated for criminal responsibility for intentional injury and provocation, and the defendant Wu Zhen should be investigated for intentional injury. All the above crimes are crimes of * * *, and the first paragraph of Article 25 of the Criminal Law of People's Republic of China (PRC) is applicable. When the defendant Wu committed several crimes, the provisions of paragraphs 1 and 2 of Article 69 of the Criminal Law of People's Republic of China (PRC) shall apply. During the trial, the public prosecution agency held that the defendant Wu was sentenced to one year's imprisonment in 2006, suspended for one year, and the suspended part was revoked, which was a recidivist and should be severely punished. Please judge according to law.
Legal basis:
Criminal law of the people's Republic of China
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.
Article 234-1 Whoever organizes others to sell human organs shall be sentenced to fixed-term imprisonment of not more than five years and fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined or confiscated.
Whoever picks up his organs without his own consent, or picks up organs of people under the age of 18, or forces or deceives others to donate organs, shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.
Whoever, in violation of state regulations, picks up his corpse and organs against his will before his death, or picks up his corpse and organs against his will before his death without the consent of his close relatives, shall be convicted and punished in accordance with the provisions of Article 302 of this Law.
Article 293 Whoever commits one of the following acts of provoking troubles and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:
(a) beating others at will, and the circumstances are bad;
(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;
(4) Causing serious disorder in public places.
Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.
Article 293- 1 In any of the following circumstances, it is the collection of illegal debts such as high-interest loans. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined:
(1) Using violence or coercion;
(2) restricting the personal freedom of others or intruding into others' houses;
(3) Threatening, stalking or harassing others.