If the victim is slightly injured due to subjective negligence, it does not constitute a crime and only needs to bear civil liability for compensation according to law.
2. After investigation, the judicial organ determines that the criminal suspect is a criminal act of illegally depriving others of their right to life in a planned and premeditated manner, and the criminal purpose cannot be achieved due to factors other than will in the course of committing the crime, and criminal responsibility shall be investigated for attempted intentional homicide. The attempted crime shall be given a lighter or mitigated punishment with reference to the completed crime.
3. Whoever intentionally kills shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. If the circumstances are minor, they shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years.
4. If, after investigation, the judicial organ finds that the criminal suspect is out of control because of contradictions and disputes, and on impulse, he intentionally hurts the victim with the weapon at hand, and the injured object is arbitrary and there is no subjective purpose of depriving the other party of his life, he shall be investigated for criminal responsibility according to the crime of intentional injury.
Whoever intentionally hurts another person's body, causing minor injuries to the victim of Grade II or Grade I, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance according to law.
5. After investigation, the judicial organ finds that the criminal suspect subjectively beats others to vent his emotions, seek excitement, try to be brave and make trouble, causing minor injuries to the victim, and shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance according to law.
A criminal suspect who gathers many people and commits acts of provocation and trouble for many times, thus seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not less than five years and may also be fined.
6, if the judicial investigation found that the suspect is affray, and belongs to the ringleaders or activists. Whoever gathers people to fight with a murder weapon shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years according to law.
Judicial basis: Articles 23, 232, 234, 235, 292 and 293 of the Criminal Law of People's Republic of China (PRC).
Judicial basis: Articles 1, 2 and 3 of the Interpretation of the Supreme Law and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of affray.