The difference between beating others and intentional injury
1, their behaviors are different. The extension of the concept of intentional injury is greater than beating others. The main ways of beating others are punching, kicking and slapping. Intentional injury behavior also includes the use of equipment to hurt the human body, such as using stones, sticks, knives and axes to hurt people, driving animals to hurt people, using toxic and harmful gases or liquids to hurt people, electric injury and so on.
2. The objective aspects of the two are different. The act of beating others is objectively manifested as the act of intentionally hurting others' bodies by beating others, which is not enough for criminal punishment. As long as there is evidence to prove that the perpetrator has committed the act of beating others, regardless of whether the victim is injured or not, he can be punished according to law.
3. The degree of injury is different. The main purpose of beating others is not to endanger their health, but generally to cause temporary pain to others' bodies, not necessarily to cause personal injury consequences. Intentional injury is subjectively aimed at hurting other people's health, and the consequence of the behavior is to cause certain harm to the human body.
They are slightly different in subjective expression. Subjectively, both of them are intentional, but hitting people is generally impulsive and improvising in various disputes. Intentional injury is generally premeditated and prepared before the injury is carried out, such as choosing the crime time and preparing the crime tools. This difference is not absolute, and some intentional injuries are temporary.
How to deal with mental patients beating people?
1. A mental patient is a person with limited capacity for civil conduct or a person without capacity for civil conduct, and the mental patient has committed criminal acts such as intentional injury. No criminal responsibility shall be investigated. If he is not cured, he can receive compulsory medical treatment. If he has a legal guardian, you can ask his legal guardian to bear the liability for compensation.
If he has been cured, you can ask him to bear tort compensation.
Article 188 of the Civil Code: If a person without civil capacity or with limited civil capacity causes damage to others, the guardian shall bear tort liability. If a guardian performs his guardianship duties, his tort liability may be reduced.
If a person without capacity for civil conduct or a person with limited capacity for civil conduct has property and causes damage to others, he shall pay compensation with his own property; The insufficient part shall be compensated by the guardian.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 43 of the Public Security Administration Punishment Law
Beating others, or intentionally hurting others' bodies, shall be detained for more than five days and less than ten days, and a fine of more than 200 yuan and less than 500 yuan shall be imposed; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.
Under any of the following circumstances, the offender shall be detained for more than 10 and less than 15, and fined for more than 500 yuan 1000 yuan:
(a) gang beating, hurting others;
(2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 60;
(3) Beating or injuring others for many times or beating or injuring more than one person at a time.
Article 234 of the Criminal Law of People's Republic of China (PRC)
Crime of intentional injury: Whoever intentionally hurts 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.