New provisions on exemption from criminal punishment for minor injuries

Legal subjectivity:

When calling the police, the public security organ will investigate and handle it, and the public security organ will identify the victim's injury. If the appraisal conclusion is more than minor injuries, the perpetrator needs to bear criminal responsibility. It is suggested that the victim be hospitalized, and the specific compensation amount can only be determined after the hospitalization. The determination of compensation amount is based on several aspects. First, the age of the victim and the age structure of his family members; The second is the victim's disability level; Third, the victim's habitual residence and main source of income; Fourth, whether to continue treatment and rehabilitation. The legal issues are really complicated, and the standards of disability rating are also quite complicated, which are distinguished by mental, physical and anatomical abnormalities and the loss of life, work and social activities caused by them. There are many unpredictable factors, and the lawyer's analysis cannot be used as a basis. Only by applying to the court for appraisal after prosecution can it be used as an effective basis for legal compensation. Personal injury compensation includes medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, necessary nutrition expenses, etc. If the victim is disabled due to injury, it shall also increase the disability compensation, disability AIDS, living expenses of the dependents, and the necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment. Article 234 of the Criminal Law 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. It is very important to actively carry out civil compensation and mediation afterwards. It may be criminal detention or control, or even exemption from punishment, depending on the specific situation. For a minor injury or intentional injury that causes a serious injury to one person, without causing disability, 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 four years. 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 the criminal facts that affect the composition of the crime, such as the number of injuries, the degree of injuries, the level of disability, and the cruelty of means. Under any of the following circumstances, the corresponding punishment can be increased and the benchmark punishment can be determined: (1) The sentence can be increased by one month to two months for each minor injury; (2) The term of imprisonment can be increased from three months to six months for each minor injury; (3) For each additional seriously injured person, the sentence can be increased by one to two years; (4) If the victim is disabled from 10 to 7, the sentence can be increased by one month to three months for each level of disability.

Legal objectivity:

Article 82 of the Criminal Procedure Law, a flagrante delicto or a major suspect under any of the following circumstances may be detained by the public security organ in advance: (1) being prepared to commit a crime, committing a crime or being found immediately after committing a crime; (2) The victim or a witness on the spot identifies him as a criminal; (3) criminal evidence is found around him or at his residence; (four) attempted suicide, escape or escape after committing a crime; (5) It is possible to destroy or forge evidence or collude with others; (six) do not speak the real name and address, the identity is unknown; (7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.