Elements of the crime of intentional injury:
Object element
The object of infringement is the health right of others. The so-called body right refers to the personality right of natural persons, and its content is to maintain the integrity of their limbs, organs and other tissues. It should be noted that it infringes on the body rights of others, so intentionally hurting one's own body is generally not considered a crime. Self-mutilation can only constitute a crime if it violates the relevant criminal law norms in order to harm social interests. For example, a soldier who injures himself in wartime and evades performing his military service obligations shall be investigated for criminal responsibility in accordance with Article 434 of the Criminal Law.
Objective elements
Objectively, it is an act of illegally damaging others' bodies.
1. Do something harmful to others' health.
There are two ways to endanger the health of others: positive inaction and negative inaction. The former is like punching and kicking, cutting and shooting with a knife, beating stones with sticks, boiling water and scalding. The latter, such as the nanny who is responsible for protecting young children, is irresponsible. Seeing a child stabbing himself with a knife, he still ignores it, and as a result, the child will stab himself blind, which can constitute this crime. It can be carried out by oneself, by minors, mental patients and other people, and by domestic animals such as poisonous snakes and German shepherd dogs. It can not only damage the appearance of the human body, but also damage the internal tissues and organs and hinder its normal functional activities. In short, whether it is directly or indirectly carried out by myself, no matter what part it is aimed at and what way it is taken, as long as it can intentionally cause personal health harm to others, it can constitute the crime of intentional injury.
2. It must be illegal to harm others' health.
If an injury is permitted by law, it cannot constitute intentional injury.
victim
If the injury caused by justifiable defense is not excessive, the doctor will amputate the patient to treat the disease. Whether the injury agreed by the victim is legal or not should be analyzed in detail. If the victim's consent is to achieve the purpose of endangering society, this consent cannot rule out the illegality of the injury; If this consent is for the benefit of society, the illegality of others' injury behavior can be ruled out. Whether the injury behavior in intense antagonistic sports is legal or not should also be analyzed in detail. If this kind of injury itself is allowed by the rules of sports, this kind of injury can generally not be considered as an illegal act in criminal law. For example, in a football match, the action that causes injury according to the "reasonable collision rule" is generally not recognized as the crime of injury; If the action in the game is rude and obviously violates the requirements of the rules and intentionally hurts others' bodies, it should also be punished as intentional injury.
3. The act of hurting others' bodies must cause some damage to others' bodies in order to constitute the crime of intentional injury.
If it's just general punching, kicking, pulling and tearing, it won't cause harm, so it can't be punished as intentional injury. The results of injury can be varied, some of which destroy the integrity of other people's organizations, such as biting off the nose and cutting off hands and feet; Some damage the normal functions of other organs, such as hearing, vision, taste loss, mental disorders and so on. But in terms of the severity of the result, there are three forms, namely, minor injury, serious injury or death. If the injury does not cause more than minor injuries, it does not reach the injury level, or even if it does, it is a minor injury and cannot be punished as intentional injury.
The so-called minor injury refers to a certain degree of damage or partial dysfunction of tissues and organ structures caused by physical, chemical, biological and other external factors, which does not constitute a serious injury but does not belong to a minor injury. Identification should be based on the primary damage directly caused by external factors and its consequences, including the injury at the time of injury, complications and sequelae caused by injury, etc.
The so-called serious injury refers to physical disability or disfigurement, loss of hearing, vision or other organ functions, and other injuries that have great harm to personal health.
Theme element
The subject of the crime of intentional injury is the general subject. Any natural person who reaches the age of criminal responsibility and has the ability of criminal responsibility can constitute the crime of intentional injury. Among them, a natural person who has reached the age of 14 but has not reached the age of 16 shall bear criminal responsibility for intentional injury that causes serious injury or death. Those who cause minor injuries must be 16 years old to constitute the crime of intentional injury.
subjective factor
The crime of intentional injury is subjectively intentional. That is, the actor knows that his behavior will cause harm to the health of others, and hopes or lets this happen. In general, the actor may not have a clear understanding and pursuit of the extent to which his injury behavior can cause harm to the victim in advance. No matter how much the result is, it is within subjective intention. Therefore, it is generally possible to determine whether it is intentional minor injury or intentional serious injury according to the actual injury results. The crime of intentional minor injury still has the problem of attempted crime. However, if the intention of serious injury is obvious, such as an attempt to severely disfigure, and the behavior that has been carried out fails due to reasons other than will, even if no actual injury is caused, it should be convicted and sentenced for the crime of intentional serious injury (attempted).
In the case of intentional injury causing death, the actor subjectively has a mixed criminal form, that is, there are both intentional injury and negligence causing death, which is the main symbol to distinguish intentional injury from intentional homicide and intentional injury from negligence causing death.