The public security organ shall file a case for investigation, detention or arrest of a criminal suspect. The investigation period of the public security bureau is generally two months, which can be extended by one month. Under special circumstances, it can reach five months after approval. If the circumstances are minor, such as fighting, damaging other people's property and other acts in violation of public security management caused by civil disputes, the public security organ may mediate. If the circumstances are serious, the people's procuratorate shall examine and prosecute, and after the prosecution, the people's court shall make a judgment and impose criminal punishment.
Problems needing attention in identifying and punishing intentional injury in judicial practice;
1. The key of this crime is that the perpetrator illegally and intentionally harms the health of others. 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.
2. 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.
3. 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.
4. The criminal law clearly stipulates that the crime of intentional injury punished by other crimes should be convicted and punished in accordance with the relevant provisions of the criminal law, not this crime.
5. 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.
Generally speaking, as long as a criminal suspect intentionally hurts others subjectively, he should be convicted and sentenced for intentional injury, and the people's court should sentence accordingly. If the actor did not intentionally do it subjectively, but caused injuries due to negligence, if only minor injuries, then the actor should bear the corresponding liability for compensation, that is, medical expenses and other expenses.
Sentencing standard:
If the crime of intentional injury is constituted, the starting point of sentencing can be determined within the corresponding range according to the following different situations:
(1) If one person is slightly injured due to intentional injury, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not more than two years and criminal detention.
(2) If intentional injury causes serious injury, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than three years but not more than five years.
(3) If a person is intentionally injured by particularly cruel means, causing serious injuries, resulting in severe disability of Grade 6, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than 10 years but not more than 13 years. Except for those who should be sentenced to life imprisonment or more according to law.
On the basis of the starting point of sentencing, the amount of punishment can be increased and the benchmark punishment can be determined according to other criminal facts that affect the composition of the crime, such as the consequences of injury, the level of disability, and the cruelty of means. If intentional injury causes minor injuries, the degree of disability can be considered when determining the starting point of sentencing, or the benchmark punishment can be adjusted as the circumstances of sentencing.
Judgment on wounding and serious injury with a knife:
(1) Whoever commits the crime of intentional injury, causing serious injuries, which is close to the standard of minor injuries and has not yet reached the standard of disability, shall be sentenced to fixed-term imprisonment of not less than three years but not more than four years;
(2) Whoever commits the crime of intentional injury, causing serious injuries, resulting in ten to seven levels of disability, shall be sentenced to fixed-term imprisonment of not less than three years but not more than six years;
(3) Whoever commits the crime of intentional injury and causes serious injuries, resulting in six to three levels of disability, shall be sentenced to fixed-term imprisonment of not less than three years but not more than eight years;
(4) Whoever commits the crime of intentional injury, causing serious injuries to others, resulting in second-class to first-class disability, shall be sentenced to fixed-term imprisonment of not less than six years but not more than ten years;
In the above three cases (1), (2) and (3), if the defendant can actively compensate and obtain the victim's understanding, the probation can be applied.
Legal basis:
Article 234 of the Criminal Law 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.