Article 234 of the Criminal Law of People's Republic of China (PRC) stipulates that 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.
Article 235 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever injures others and causes serious injuries shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Where there are other provisions in this Law, such provisions shall prevail.
In recent days, the most concerned thing is the "Tangshan barbecue restaurant beating people". The perpetrator of this incident was drunk and injured people, which brought great physical and mental harm to the victims.
Through the video circulating on the Internet, we can clearly see the "shame of martial arts" and the extinction of human nature of the perpetrators. It's disgusting that several men with big arms and round waist should "kill" young girls.
After the incident, the police immediately arrested all the perpetrators, which also made the public feel some comfort. But obviously, this kind of "comfort" is not enough. We still have to get justice for these girls and hope that the perpetrators can get the highest punishment. So what should be done with these people?
Peng Xinlin, a professor at the Institute of Criminal Law Science of Beijing Normal University, said, "After the victim's injury identification, if the victim and his companions are slightly injured, they will be punished for the crime of seeking trouble; If the degree of injury of the victim and his companions is determined to be more than serious injury, and according to the provisions of the criminal law, and in line with the constitutive requirements of crimes such as the crime of stirring up trouble and intentional injury, they shall be convicted and punished according to the crime of intentional injury with heavier punishment. Because serious injuries can be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, the crime of seeking trouble is generally sentenced to fixed-term imprisonment of not more than five years. "
Peng Xinlin then added, "This case belongs to * * * accomplice, involving many people, and it is in public. Many men violently beat the victims, and some people attacked the victims with beer bottles. The situation is very bad. If the injury is finally identified as a minor injury, it can be convicted of the crime of stirring up trouble and sentenced to fixed-term imprisonment of not more than five years, criminal detention or control according to law.
At the same time, it is also necessary to consider whether the suspect pleads guilty or not, and whether to actively make civil compensation. These circumstances may also affect sentencing, and sentencing should conform to the principle of adaptation between crime and punishment in criminal law. "
Weng Xiaoping, a partner of Kyoto Law Firm, said, "If the perpetrator intentionally beats others in the process of seeking trouble, causing serious injuries to the victim, his behavior is suspected to constitute a concurrence of the crime of seeking trouble and intentional injury, which is regarded as a felony according to the criminal law. If it is a crime of picking quarrels and causing troubles, it is a fixed-term imprisonment of not more than five years, but from the video, the victim's injury may be more serious. If it is identified as serious injury, the starting point may be five to seven years. As for whether the penalty will be imposed, it depends on how the case is finally decided, and finally it will be decided by the judge.
It can also be seen from the statements of two authoritative sources that drunkenness cannot be used as a reason for the perpetrators to give a light sentence. Here, I also hope that these perpetrators will be severely punished and the girls will be treated fairly.