Legal analysis
The crime of intentional injury exists in the form of attempted crime, which generally bears criminal responsibility and can be given a lighter or mitigated punishment compared with the accomplished crime. According to the law, the crime of intentional injury generally meets the conviction criteria by causing minor injuries and the above consequences. 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. In judicial practice, in most cases, it is not necessary to investigate criminal responsibility for intentional injury that causes minor injuries. First, it is often difficult to confirm whether the actor intentionally harms others' health without causing minor injuries. Second, even if there is evidence to prove that the actor intentionally causes minor injuries, it is generally considered as "obvious and slightly harmless" and is not considered as a crime. In practice, the attempted intentional crime that causes serious injuries can generally be given a lighter punishment, which can be lighter or mitigated compared with the accomplished crime.
legal ground
Article 234 of the Criminal Law of People's Republic of China (PRC) 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 23 of the Criminal Law of People's Republic of China (PRC) has already begun to commit a crime, and if it fails due to reasons other than the will of the criminals, it is an attempted crime. Attempted crime can be given a lighter or mitigated punishment according to the accomplished crime.