1. The relatively general provisions of the Criminal Law and the Supreme People's Court's Guiding Opinions on Sentencing for Joint Crimes 20 17 Article 234 of the Criminal Law intentionally harm others' bodies, and 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.
Guiding Opinions on Sentencing for Ordinary Crimes (II) Crime of Intentional Injury
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 intentional injury causes serious 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 a person is intentionally injured by particularly cruel means, causing serious injuries, resulting in severe disability of Grade 6, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than 10 years but not more than 13 years. Except for those who should be sentenced to life imprisonment or more according to law.
2. 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.
Second, according to the existing cases and previous standards, determine the standard of benchmark punishment: 1. Although it constitutes a minor injury, the injury is close to a minor injury: the social impact is not great, the victim is at fault or the defendant fully compensates the victim for economic losses, and the benchmark punishment is criminal detention or control;
2. Although it constitutes a minor injury, the injury is close to a minor injury: the benchmark punishment is six months in prison;
3, the injury is between mild and? Between the severity, the benchmark punishment is one year's imprisonment;
4. If the injury is close to serious injury, the benchmark punishment is one year and six months' imprisonment.
5. If more than one person is injured, on the basis of the standard punishment for the most serious injury, for each minor injury 1 person, the increase range will be determined according to the severity of the increased injury, and the sentence will be increased by three months; Moderate, the sentence is increased by six months; In serious cases, the sentence is increased by 9 months.
The court may exercise its discretion according to the cause of the case, criminal motive, criminal means, degree of damage and compensation. If two or more people are seriously injured or slightly injured without compensation, and they are punished by public security for beating others more than twice, probation is not applicable.
Three. Various factors affecting the benchmark penalty "+"or "-":1. For juvenile delinquency, we should comprehensively consider the factors such as juvenile's cognitive ability, motive and purpose of the crime, age at the time of the crime, first-time offender, occasional offender, performance of repentance, personal growth experience and consistent performance, and give him a lenient punishment. (1) Minors who have reached the age of 14 and under the age of 16 commit crimes, and the benchmark punishment will be reduced by 30%-60%; (2) Minors who have reached the age of 16 but under the age of 18 commit crimes, and the benchmark punishment will be reduced by 10%-50%.
2. For accomplices, their position and role in the same crime should be comprehensively considered, and the punishment should be lenient and the benchmark punishment should be reduced by 20%-50%; If the circumstances of the crime are minor, the benchmark punishment shall be reduced by more than 50% or exempted from punishment according to law.
3. For the plot of surrender, considering the motive, time, mode, severity, degree of truthfully confessing the crime and the performance of repentance, the benchmark punishment can be reduced by less than 40%; If the circumstances of the crime are minor, the benchmark punishment may be reduced by more than 40% or exempted from punishment according to law. Except for those who maliciously use surrender to evade legal sanctions, it is not enough to be lenient.
4. For the circumstances of confession, comprehensively consider the stage and degree of truthfully confessing the crime, the severity of the crime and the degree of repentance, and determine the extent of leniency. (1) Those who truthfully confess their crimes can reduce the benchmark punishment by less than 20%; (2) Those who truthfully confess similar serious crimes that are not mastered by judicial organs can reduce the benchmark punishment by10%-30%; (3) The benchmark punishment can be reduced by 30%-50% for confessing one's crimes truthfully and avoiding particularly serious consequences.
5. For those who voluntarily plead guilty in court, according to the nature of the crime, the severity of the crime and the performance of confession and repentance, the benchmark punishment can be reduced below 10%. Except those who voluntarily surrender themselves according to law.
6. For those who actively compensate the victims for their economic losses and gain understanding, considering the nature of the crime, the amount of compensation, the compensation ability and the degree of confession and repentance, the benchmark punishment can be reduced by less than 40%; Those who actively compensate but fail to reach an understanding can reduce the benchmark punishment by less than 30%; Although there is no compensation, if an understanding is reached, the benchmark penalty can be reduced by less than 20%.
7. According to the provisions of Article 277 of the Criminal Procedure Law, if the parties reach a criminal reconciliation agreement, they can reduce the basic punishment by less than 50% by comprehensively considering the nature of the crime, the amount of compensation, apology, sincere repentance and other factors. If the circumstances of the crime are minor, the benchmark punishment may be reduced by more than 50% or exempted from punishment according to law.
8. For recidivists, we should comprehensively consider the nature of the crimes committed before and after, the length of time from the completion of punishment or pardon to recidivism, and the severity of the crimes committed before and after, and increase 10%-40% on the basis of the benchmark punishment, generally not less than 3 months.
9. For those with criminal records, considering the nature of criminal records, the length of time interval, the number of times and the severity of punishment, the benchmark punishment can be raised below 10%. Criminal record crimes are negligent crimes and juvenile crimes.
Conclusion: This is only a sentencing reference, and the court will make a ruling after comprehensively considering the reasons, criminal motives, criminal means, damage degree and compensation.