Second, if it is identified as a minor injury, it is a criminal private prosecution case, and it may be convicted of intentional injury and bear civil liability for compensation.
It is suggested to actively compensate for minor injuries, seek reconciliation and try to avoid criminal responsibility.
The Supreme People's Court's Notice on Printing and Distributing the Guiding Opinions of People's Courts on Sentencing (Trial) (Fa Fa Fa Fa [2065438+00] No.36) stipulates: (2) Crime of intentional injury.
1. 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 intentional injury causes minor injuries, the starting point of sentencing can be determined within the range of six months to one year and six months' imprisonment.
(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 four years.
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 the consequences of casualties, the level of disability, the cruelty of means and other criminal facts that affect the composition of the crime.
3. If another person is hired to commit injury, the benchmark punishment can be increased by less than 20%.
4. Under any of the following circumstances, the benchmark punishment may be reduced by less than 20%:
(1) is caused by the intensification of civil conflicts such as marriage, family and neighborhood disputes;
(2) Crime is a criminal act caused by the fault of the victim or the intensification of contradictions;
Extended data:
Minor injuries refer to minor injuries with or without organ dysfunction.
This kind of injury is not life-threatening at the time of injury or during treatment, and the labor ability is reduced by no more than one third.
Minor injury refers to external factors such as physical, chemical and biological factors acting on human body, resulting in certain degree of damage or partial dysfunction of tissues and organs, which does not constitute serious injury and does not belong to minor injury. ?
Minor injury refers to the physical, chemical, biological and other external factors acting on the human body, causing some damage or partial dysfunction of tissues and organs.
An injury that does not constitute a serious injury and is not a minor injury.
Criminal law? [2]? Article 234 stipulates that 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.
General principles of civil law? [3]? Article 1 19 and the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Personal Injury Compensation Cases? [4]? If it is stipulated that physical injury is caused, it shall compensate the medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, food subsidies and necessary nutrition expenses during hospitalization;
If the injury reaches the level of disability, it also needs disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment.
References:
Baidu encyclopedia-minor injuries