According to Article 5 of the Regulations of the People's Republic of China on Administrative Penalties for Public Security? If the circumstances are minor, such as fighting, damaging other people's property and other acts in violation of public security management caused by civil disputes, the public security organ may mediate.
Article 6? Penalties for violations of public security administration are divided into the following three types:
1. Warning.
2. Fines: 65438+ from 0 yuan to 200 yuan. Where there are other provisions in Articles 30, 31 and 32 of this Ordinance, those provisions shall prevail.
3. Detention: from 1 day to 15 days.
It is worth noting that some beating behaviors have caused certain harm to others' bodies on the surface, but they are obviously minor, that is, according to the identification standard of minor injuries, those that do not constitute minor injuries cannot be punished as intentional injuries. Therefore, when distinguishing the crime of intentional injury from the crime of general injury, we should not only consider whether the behavior has caused damage to the function of human tissues and organs, but also examine the degree of damage.
Intentional injury must cause minor injuries to the victim to constitute the crime of intentional injury.
Article 234 of the Criminal Law 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.
Article 235 Whoever negligently injures another person and causes serious injury shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Where there are other provisions in this Law, such provisions shall prevail.
Extended data:
Intentionally causing minor injuries, there is no problem of attempted crime, that is, if the actor subjectively only wants to cause minor injuries, but actually does not cause or cause minor injuries, it will not be punished as a crime. If the injury is intentional and obvious (such as causing serious injury or death), and the injury has already started, but it has not succeeded due to reasons other than will, it shall be punished as intentional injury (attempted).
If an actor who meets the requirements of the subject of the crime commits an injury under the condition of intentionally controlling the injury, causing physical injury to others and reaching the degree of minor injury, it can be regarded as the accomplishment of the crime of intentional injury. Intentional injury causes serious injury, including two situations:
First, the perpetrator obviously only intentionally suffered minor injuries, but the negligence caused serious injuries;
Second, the actor obviously had the intention of serious injury, which objectively caused serious injury. Intentional injury causing death is a typical aggravated consequence crime. If intentional injury does not cause death, it should not be considered as an attempt of intentional injury to death. Subjectively intentional injury causing death shall be deemed as intentional homicide.
References:
People's Republic of China (PRC) Criminal Law-China People's Congress Network
Regulations of the People's Republic of China on administrative penalties for public security-Baidu Encyclopedia