2. Legal basis:
1) 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. Where there are other provisions in this Law, such provisions shall prevail.
2) Applicable Conditions of Article 72 of the Criminal Law A criminal sentenced to criminal detention of not more than three years or fixed-term imprisonment may be suspended if he meets the following conditions, and a suspended sentence may be announced for people under the age of 18, pregnant women and people who have reached the age of 75:
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives.
Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation.
If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.
Extended data:
Case:
Sentenced to probation for minor injuries caused by minor disputes.
There was an argument over a trivial matter, and as a result, people were slightly injured. After prosecution by Yanjin County Procuratorate of Anhui Province, the court sentenced Bufasheng to one year's imprisonment and suspended for one year for intentional injury.
20 14,10 In June, when Longwangmiao Village was repairing roads in the village, a forklift shoveled the stones piled up by the roadside by Bufasheng to one side, and the Bufasheng family had an argument with the construction party. Bufasheng asked the construction party to pay the medical expenses on the grounds that his daughter-in-law was injured by the construction party. The construction party disagreed, and in a rage, Bufasheng detained the forklift.
10 On June 4th, when the construction party went to drive away the forklift, the two sides quarreled again. In desperation, Bufasheng conveniently picked up a brick from the roadside and smashed it on the head of the construction worker Zhao. When the masses saw it, they immediately called the police. After identification, Zhao was slightly injured. According to the law, Bufasheng has been suspected of intentional injury. After the settlement between the two parties, Bufasheng compensated the victim for 90,000 yuan, and the court made the above judgment.
References:
Xinhuanet-Do you regret minor injuries caused by minor disputes?