Article 234: Anyone who intentionally harms the body of others shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime in the preceding paragraph and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; whoever causes death or severe disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment or death penalty. If this law provides otherwise, such provisions shall prevail.
The crime of intentional injury refers to behavior that intentionally and illegally damages the health of others. In judicial practice, the following issues should be noted in the identification and punishment of this crime: The key to this crime is that the perpetrator in 1 has illegally and intentionally harmed the health of others. In this regard, we should pay attention to the following two points: (1) The illegality of the injury is the premise of this crime. If the harm is legal, such as self-defense or emergency avoidance, it does not constitute a crime; (2) The intentional harm in this crime must be the health of others. Self-harm cannot constitute this crime, but may constitute other crimes under special circumstances. For example, if a soldier in wartime mutilates himself in order to evade military obligations, he should be punished as a crime of self-mutilation in wartime in accordance with the provisions of Article 434 of the Criminal Law.
The degree of injury constituting this crime is limited to three situations: minor injury, serious injury, and death due to injury. Minor injuries below minor injuries and ordinary assaults do not constitute this crime. Regarding the standards for distinguishing serious injuries, minor injuries, and minor injuries, the provisions of the "Severe Injury Identification Standards and Minor Injury Identification Standards (Trial)" jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice shall prevail.
3 The age of criminal responsibility of the subject of this crime has different requirements depending on the degree of injury. If the person is seriously injured or the injury causes death, the age of criminal responsibility is between 14 and 16 years old; if the person causes minor injury, the person must be 16 years old to constitute this crime.
For the crime of intentional injury, which is clearly defined as other crimes in the criminal law, it should be convicted and punished in accordance with the relevant provisions of the criminal law, rather than being treated as the original crime.
Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance; whoever causes serious injury shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years; whoever causes death or serious injury by particularly cruel means, causing serious injury. Those who are disabled shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
In addition, according to relevant judicial interpretations, those who commit this crime may be deprived of political rights.
Identification of the crime of intentional injury
1 The crime of intentional injury and the crime of intentional homicide are difficult to distinguish in the following two situations: first, the crime of intentional injury and the crime of intentional homicide are completed; Injury and attempted manslaughter. The key to distinguishing the two is to clarify the specific content of the perpetrator's criminal intention: if the pedestrian has the intention to illegally deprive others of their lives, regardless of whether it causes death, it should be deemed as intentional homicide; if the behavior only has the illegal intention of endangering the health of others, regardless of whether Whether it causes the death of others, it can only be considered intentional injury.
In addition, attention should be paid to the following three special circumstances: (1) If the criminal act is carried out suddenly, and the perpetrator’s intentional content is uncertain or he is concerned about the casualties of others, he can generally be convicted according to the actual results. If an injury is caused, the person will be convicted of intentional injury; if a person is killed, the person will be convicted of intentional homicide; (2) If a fight causes death, in addition to intentional homicide, the person can generally be convicted of intentional injury causing death. (3) Cases where the boundary between intentional injury and intentional homicide is indeed difficult to distinguish can generally be handled based on the principle of abrogating suspicion.
The key to the difference between the crime of intentional injury (death) and the crime of negligent death lies in whether the actor subjectively intentionally harms others to death. Although the actor does not intentionally kill others, he intentionally harms the health of others, and the death result is completely It is caused by intentional injury; if death is caused by negligence, the perpetrator not only has no intention to kill, but also has no behavior that endangers the health of others, so the death is entirely caused by negligence.
For the identification of the degree of injury, attention should be paid to a comprehensive evaluation of the injury at the time and the results after treatment: if the condition was serious at the time and basically returned to normal after treatment or only caused minor injuries, it should be identified as Minor injury; the injury was not serious at the time, but after treatment, although it was a serious injury, it should be considered a serious injury.
Intentional injury (minor injury) cases from the Research Office of the Supreme People's Court are handled by the public security organs.
After the private prosecution case is dismissed, can the court answer the question of acceptance?
(1994 65438+October 27)
Beijing Higher People's Court:
Your court's "On Intentional Injury (Minor Injury) Cases After Public Prosecution Procedures" After the case was accepted, it was rejected by the public security organ and the court requested instructions on whether to re-open the case for private prosecution." Received. After research, the reply is as follows:
I agree with your hospital’s preferred opinion. For an intentional injury (minor injury) case that has been withdrawn by the public security organ, if the victim files a criminal private prosecution on the same fact, it is in compliance with Article 61 of the Criminal Procedure Law and Article 6 of the "Regulations on the Review and Filing of Criminal Private Prosecution Cases" issued by our court on September 24, 1993. In the case of Article 2 (1), the people's court shall register the case within the statute of limitations; if the case is not met, the case shall not be filed and the private prosecutor shall be notified of the reasons for not filing the case.
This reply