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.
The crime of intentional injury refers to the act of intentionally and illegally damaging the health of others. In judicial practice, we should pay attention to the following issues in the determination and punishment of this crime: The key to this crime is that 1 has illegally and intentionally harmed the health of others. In this regard, we should pay attention to the following two points: (1) The illegality of injury is the premise of this crime. If the injury is legal, such as self-defense or emergency avoidance, it does not constitute a crime; (2) The intentional injury of this crime must be the health of others. Self-injury behavior cannot constitute this crime, but it may constitute other crimes under special circumstances. For example, a soldier who injures himself in order to avoid military obligations in wartime shall be punished as the crime of wartime self-mutilation in accordance with the provisions of Article 434 of the Criminal Law.
The degree of injury that constitutes this crime is limited to three situations: minor injury, serious injury and death due to injury. Minor injuries and general beatings below minor injuries do not constitute this crime. The criteria for distinguishing serious injuries, minor injuries and minor injuries shall be based on the provisions of the Appraisal Criteria for Serious Injuries and Minor Injuries (Trial) jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice.
The age of criminal responsibility of the subject of this crime has different requirements due to different degrees of injury. If serious injury or injury causes death, the age of criminal responsibility shall be above 14 and below 16; Those who cause minor injuries must be 16 years old to constitute this crime.
The crime of intentional injury clearly defined as other crimes in the criminal law should be convicted and punished in accordance with the relevant provisions of the criminal law, not as this crime.
Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Those who cause serious injuries shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years; Whoever causes death or serious injury by particularly cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than 10, life imprisonment or death.
In addition, according to relevant judicial interpretations, those who commit this crime may be deprived of political rights.
Determination of the crime of intentional injury
1 The crime of intentional injury and the crime of intentional homicide are not easy to distinguish in the following two cases: First, the crime of intentional injury and intentional homicide are completed; The second is intentional injury and attempted intentional homicide. The key to distinguish between the two is to find out the specific content of the perpetrator's criminal intention: pedestrians who have the intention to illegally deprive others of their lives, whether they cause death or not, should be considered as intentional homicide; If the behavior is only illegal and intentional, it can only be considered as intentional injury, regardless of whether it causes death to others.
In addition, we should also pay attention to the following three special situations: (1) If the criminal act is suddenly committed, the perpetrator's intentional content is uncertain or he is concerned about the casualties of others, he can generally be convicted according to the actual results. If it causes injury, it shall be convicted of intentional injury; Whoever causes death shall be convicted of intentional homicide; (2) If a fight causes death, in addition to the crime of intentional homicide, the crime of intentional injury to death can generally be determined. (3) Cases where the boundary between intentional injury and intentional homicide is really difficult to distinguish can generally be handled on the principle of no doubt.
The difference between the crime of intentional injury (death) and the crime of negligent death lies in whether the actor subjectively intentionally hurts others to death. Although the actor did not intentionally kill others, he deliberately harmed others' health, and the death result was completely caused by intentional injury. Negligence causes death, and the actor not only has no intention to kill, but also has no behavior that endangers the health of others, so the death result is completely caused by negligence.
For the determination of the degree of injury, we should pay attention to the comprehensive evaluation of the injury at that time and the results after treatment: if the situation was serious at that time and basically returned to normal after treatment or only formed minor injuries, it should be considered as minor injuries; At that time, the injury was not serious, but although it was serious after treatment, it should be considered serious.
Cases of intentional injury (minor injury) in the Supreme People's Court Research Office shall be handled by public security organs.
After the case of private prosecution is rejected, can the court answer the accepted questions?
(1994 65438+1October 27th)
Beijing Higher People's Court:
Your request for instructions on whether the court can file a new case for private prosecution has been received. After study, the reply is as follows:
Agree with the tendentious opinions of your hospital. In the case of intentional injury (minor injury) that has been revoked by the public security organ, if the victim files a criminal private prosecution on the same fact, which is in line with Article 61 of the Criminal Procedure Law and Article 2 (1) of the Provisions on the Examination and Filing of Criminal Private Prosecution Cases of our hospital1September 24, 993, the people's court shall file a case, and the time limit for prosecution shall not exceed; Do not meet the conditions for filing, not filing, and inform the private prosecutor of the reasons for not filing.
This reply