My father overran himself in Cheng Nan, Jiangxi Province, causing sixth-degree injuries to others. What kind of trial will you get?

Hello, suspected of intentional injury. 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. 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.

The relevant provisions of the specific provisions of the criminal law should be correctly applied to criminals who have over-defended themselves, and the punishment should be mitigated or exempted as appropriate according to law. Judging from the trial practice, excessive defense causes serious injury or death, which constitutes negligence and causes serious injury.

If the injury or negligence causes death, the punishment shall be mitigated according to the corresponding sentencing range stipulated in Articles 235 and 233 of the Criminal Law; With the conditions of probation, probation can be used; If the crime is minor, there is no need to sentence it.

Whoever is punished is exempt from punishment. Those who constitute the crime of intentional injury and intentional homicide shall be given a mitigated punishment according to the corresponding sentencing ranges stipulated in Articles 234 and 232 of the Criminal Law respectively; If you have a suspended sentence,

Probation can be applied; If the circumstances are minor and there is no need to be sentenced to punishment, the punishment shall be exempted.

For the sentencing of excessive defense, the second paragraph of Article 20 of the Criminal Law stipulates that "the punishment shall be mitigated or exempted". As for the circumstances of mitigating punishment and exempting punishment, there is no explicit provision in the criminal law.

According to judicial practice, to reduce or exempt the punishment of excessive defense, the following circumstances should be comprehensively considered:

(1) Reasons for defensive behavior;

(2) the nature of the interests protected by the defense;

(3) the extent to which excessive defense obviously exceeds the limit and the severity of the harm caused;

(4) the form of the defender's subjective fault and the situation at that time;

(5) Reasons for excessive defense.

Excessive defense refers to a criminal act that obviously exceeds the necessary limit and causes great damage and should bear criminal responsibility. The so-called excessive defense refers to the situation that the legitimate defense behavior exceeds the defense scale stipulated by law, so it should bear criminal responsibility.

According to the second paragraph of Article 20 of the Criminal Law, excessive defense should bear criminal responsibility. The premise of excessive defense is justifiable defense, but excessive defense is different from justifiable defense.

First, objectively, there is an act of excessive defense, which has caused great damage to illegal infringers.

Second, subjectively guilty of its excessive results, which is the basis of criminal responsibility for excessive defense. The criminal responsibility of excessive defense is mainly to solve the problem of conviction and sentencing of excessive defense. Whether you can be convicted depends on whether you have the conditions to defend yourself against excessive crimes, because this is the only basis for investigating criminal responsibility. According to the general principle of crime constitution.