2. The procuratorate examines the facts of the case. After examination, it is considered that the conditions for arrest are not met, and a notice of non-arrest is issued to the public security department, which will release the person after receiving the notice of non-arrest; After examination, it was considered that the conditions for arrest were met, and an "arrest warrant" was issued to the public security department, which then formally arrested the suspect.
3. After the public security department arrested the criminal suspect, it was first detained in the detention center, and the procuratorate filed a public prosecution with the criminal court of the people's court on another day.
4. The criminal court of the people's court shall be announced by the presiding judge after hearing, court investigation, evidence cross-examination, court debate, the final statement of the parties and the collegial panel discussing the conviction and sentencing opinions.
5. If the defendant fails to lodge a complaint within the prescribed time limit, the judgment of first instance will take effect and the defendant will be transferred to prison to serve his sentence; If the defendant refuses to accept the judgment of first instance, he may appeal to the people's court at a higher level within the prescribed time limit. If the court of second instance thinks that the defendant is innocent after hearing the case according to law, it will be released in court; If the court of second instance considers that the facts of the case tried by the court of first instance are clear, the evidence is sufficient, the procedure is legal, and the conviction and sentencing are accurate, the appeal is rejected and the original judgment is upheld.
6. The defendant was transferred to prison to serve his sentence.
7. If the victim or the victim's family demands civil compensation, they may file a criminal case with additional civil compensation. The court will hear it together.
How to measure the sentencing 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;
(3) If a person is intentionally injured by particularly cruel means, causing serious injuries, resulting in severe disability of Grade VI, 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 12 years. Except for those who should be sentenced to life imprisonment or more according to law;
(4) If intentional injury causes death, 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 15 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 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;
(3) actively rescuing the victim after committing a crime.
What's the difference between intentional injury and intentional homicide?
The so-called crime of intentional injury, according to the provisions of Article 234 of China's Criminal Law, refers to the act of intentionally and illegally damaging the health of others.
The so-called crime of intentional homicide (attempted homicide), according to the provisions of Article 232 of China's Criminal Law, refers to intentionally and illegally depriving others of their lives, but failed due to reasons other than the will of the perpetrator.
Although the crime of intentional injury and the crime of intentional homicide are the same in behavior result, subject and form, they are easily confused in judicial practice. The main differences between them are as follows:
1, the infringing objects are different.
Crime of intentional injury. The object of infringement is the health of others. Therefore, harming one's health is generally not considered a crime. The so-called violation of others' health means destroying the integrity of human tissues or the normal function of human organs. However, only if it causes temporary physical pain, personal insult or mental stimulation to others, it can not be considered as infringing on others' health. The object of intentional homicide (attempted homicide) is the right to life of others.
2. The purpose of the crime is different.
In the crime of intentional injury, the actor only wants to hurt others and damage their health, but has no purpose of depriving others of their lives. The death of the victim is negligence; In the crime of intentional homicide (attempted homicide), the subjective psychological state of the actor is consistent with attempted homicide. Actors foresee that their actions will deprive others of their lives, and hope or let this happen. Attempted murder, that is, the result of death, did not happen because the perpetrator changed the content subjectively and intentionally, but because the victim died for some reason other than the criminal's will.
Therefore, the difference between the crime of intentional injury and the crime of intentional homicide (attempted) cannot be based solely on the result of the act. If the subjective psychology of the actor is the purpose of pursuing the death of others, although it does not result in the death of the victim, it cannot be regarded as intentional injury, but as intentional homicide (attempted).
3. The conditions that constitute a crime are different
Attempted intentional injury does not constitute a crime; And attempted intentional homicide constitutes a crime. It constitutes the crime of intentional homicide (attempted).
How to file the crime of intentional injury needs to be determined according to the criminal procedure. Under normal circumstances, the crime of intentional injury belongs to a public prosecution case, but if the public security organ refuses to file a case, it can be turned into a private prosecution case.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 234 of the Criminal Law of People's Republic of China (PRC) stipulates:
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.