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 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.
If the crime of intentional injury is constituted, the starting point of sentencing can be determined within the corresponding range according to the following different situations:
1. If one person is slightly injured due to intentional injury, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not more than two years and criminal detention;
2. If a person is seriously injured due to intentional injury, 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 five years;
3. If intentional injury is caused by particularly cruel means, resulting in severe disability of Grade VI, the starting point of sentencing can be determined within the range of fixed-term imprisonment of 10 years or more and 13 years or less. Except for those who should be sentenced to life imprisonment or more according to law.
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 other criminal facts that affect the composition of the crime, such as the consequences of injury, the level of disability, and the cruelty of means. If intentional injury causes minor injuries, the degree of disability can be considered when determining the starting point of sentencing, or the benchmark punishment can be adjusted as the circumstances of sentencing.
Therefore, if there is no intentional injury only because of the general intention of beating, it should not be considered as intentional injury. Similarly, in the case of accidental death caused by beating, it should not be considered as intentional injury causing death. On the other hand, in general, the perpetrator of intentional injury may not have a clear understanding of the degree of injury that the injury will cause to the victim in advance.
legal ground
Criminal law of the people's Republic of China
Article 234 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.