If the Public Security Bureau doesn't prosecute, you can sue in court.
After the alarm, there will be evidence to be executed. In case the other party does not admit it, it is difficult for you to prove it.
For specific matters, please consult and entrust a local lawyer.
Legal provisions of intentional injury crime
The crime of intentional injury refers to the act of intentionally and illegally hurting others' bodies.
This crime has the following characteristics:
1. This crime violates the right to health of others. The crime of intentional injury is an illegal act that harms others' health, and the result is harm to others' health. Intentional injury may sometimes lead to death, which undoubtedly damages the right to life of others. However, because the perpetrator intentionally harms the health of others, rather than the right to life of others, it still belongs to the category of injury crime, which is different from homicide in principle. The body referred to by the object of the crime of intentional injury only refers to the whole living person, and it is the body of people other than the actor. The human body consists of various organs and tissues. The crime of intentional injury violates the right to health of others, including two situations: First, it destroys the integrity of human tissues. Like cutting off a finger or an ear. The second is the destruction of the normal function of human organs. Such as quadriplegia, nerve dysfunction, hearing loss and blindness. Therefore, damage to other people's non-body organ components, such as damage to artificial limbs, dentures, etc., cannot constitute intentional injury; Forcibly cutting off other people's hair and nails is far from damaging the integrity of human tissues and the normal function of human organs, so this crime cannot be established. The object of the crime of intentional injury can only be others other than the perpetrator, not including the perpetrator himself. According to the laws of our country, intentionally hurting others' bodies generally does not constitute a crime. Only when the act of self-injury infringes the interests of the state and society and violates the norms of criminal law, or when the act of self-injury is a condition for the implementation of related crimes, it constitutes a crime. For example, a soldier who self-mutilates in wartime and evades military service obligations shall be investigated for criminal responsibility according to the crime of self-mutilation in wartime stipulated in Article 434 of the Criminal Law.
2. This crime is objectively manifested as an act that illegally harms the health of others. First of all, there must be harmful behavior. There are two kinds of injuries: one is to destroy the integrity of human tissues; The second is to destroy the normal function of human organs. Injury usually takes the form of direct use of knives, guns, sticks, sticks, stones or punching and kicking, or indirect use of minors, mental patients, innocent people, animals, etc. To hurt others. Some people also use poison, chemicals, radiation, lasers and other non-violent means to hurt others. In a few cases, the injury behavior consists of inaction. The means of injury is usually violent, but intangible and non-violent means are not excluded. Secondly, the injury must be illegal. If it is a legitimate injury, it cannot be punished as injury. Finally, the constitution of this crime requires more than minor injuries.
3. The subject of this crime is the general subject, and any natural person who has reached the age of 16 and has the ability of criminal responsibility can constitute the crime of intentional injury. According to the second paragraph of Article 17 of the Criminal Law, a person who has reached the age of 14 and is under the age of 16 shall also bear criminal responsibility for intentional injury and serious injury or death.
4. Subjectively, this crime is intentional, either directly or indirectly.
Second, identify
1. The boundary between this crime and intentional homicide
The fundamental difference between them lies in the difference of intentional content: knowing that one's actions will lead to the death of others and hoping or letting this happen is intentional homicide; Knowing that one's actions will cause harm to the health of others, and hoping or letting this result happen, there is intentional injury, even if it causes the death of the infringed person, it can only be considered as intentional injury (causing death). In specific cases, it is necessary to investigate the causes of infringement, the usual relationship between the defendant and the victim, the tools used, the parts of the attack, the methods of infringement, etc., and accurately identify the subjective mentality of the perpetrator.
According to Article 234 of the Criminal Law, whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Those who cause serious injuries shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years; Whoever causes death or serious injury by particularly cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than 10, life imprisonment or death.
2. The boundary between this crime and other crimes of injury
Third, punishment.
The constitution of some crimes in the specific provisions of criminal law can also include intentional injury (including direct intentional injury and indirect intentional injury, but some only include minor injuries and some also include serious injuries), such as robbery violence can be intentional injury; Some crimes take the result of intentionally causing harm to others as the sentencing circumstances. For these intentional injuries, we should not be convicted and punished for intentional injuries, but only in accordance with the relevant provisions of the criminal law. To this end, Article 234 of the Criminal Law stipulates: "If there are other provisions in this Law, those provisions shall prevail.