There are no minor injuries in the degree of human injury. ?
The Appraisal Standard for the Degree of Human Injury divides the degree of human loss into five levels: serious injury level 1, serious injury level 2, minor injury level 1, minor injury level 2 and minor injury level, and serious injury level 1 and level 2. Minor injuries are divided into minor injuries and minor injuries.
the second level of serious injury is the lower limit of serious injury, which is connected with the first level of serious injury, and the upper limit of the first level of serious injury is causing death; Minor injury level 2 is the lower limit of minor injury, which is connected with minor injury level 1, and the upper limit of minor injury level 1 is connected with serious injury level 2. ?
minor injury level refers to the primary injury caused by various injury factors or the complications caused by the primary injury, which is not life-threatening; The structure and function of the left tissues and organs are moderately damaged or their appearance is obviously affected. ?
minor injury refers to the primary injury caused by various injury factors or the complications caused by the primary injury, which is not life-threatening; The structure and function of the left tissues and organs are slightly damaged or their appearance is affected. ?
according to the standards of human injury identification, forensic identification shall prevail, with the first level being more serious and the second level being less serious, all of which are the filing standards of intentional injury.
When the Criminal Law and related judicial interpretations stipulate the criminal responsibility of the crime of injury, they do not distinguish minor injuries into minor injuries and minor injuries, nor do they stipulate different sentencing standards. Therefore, the sentencing of minor injuries caused by intentional injury is determined by the judge based on the comprehensive case. ?
extended data:?
what is the sentencing standard for intentional injury?
the Supreme People's Court's Guiding Opinions on Sentencing for Common Crimes (2114)?
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 one person is slightly injured due to intentional injury, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not more than two years and criminal detention. ?
(2) If one person is seriously injured due to intentional injury, the starting point of sentencing can be determined within the range of three to five years' imprisonment. ?
(3) If one person is seriously injured by intentional injury by particularly cruel means, resulting in severe disability of Grade VI, the starting point of sentencing can be determined within the range of 11 to 13 years' imprisonment. 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 other criminal facts that affect the constitution of a crime, such as the consequences of injury, the level of disability, and the cruelty of means. ?
if intentional injury causes minor injuries, the degree of disability can be considered when determining the starting point of sentencing, or it can be used as a sentencing circumstance to adjust the benchmark punishment. ?
Detailed Rules for the Implementation of the Guiding Opinions of Heilongjiang Higher People's Court on Sentencing for Common Crimes
1. If it constitutes a crime of intentional injury, the starting point of sentencing can be determined within the corresponding range according to the following different situations:
(1) If one person is slightly injured due to intentional injury, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not more than two years and criminal detention. ?
(2) If one person is seriously injured due to intentional injury, the starting point of sentencing can be determined within the range of three to five years' imprisonment. ?
(3) If one person is seriously injured by intentional injury by particularly cruel means, resulting in severe disability of Grade VI, the starting point of sentencing can be determined within the range of 11 to 13 years' imprisonment. 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 other criminal facts that affect the constitution of a crime, such as the consequences of injury, the level of disability, and the cruelty of means. Under any of the following circumstances, the corresponding penalty may be increased:
(1) For every minor injury, the prison term can be increased by less than two months; ?
(2) For each additional minor injury, the prison term can be increased by three to six months; ?
(3) For each additional seriously injured person, the prison term can be increased by one to two years; ?
(4) If the victim is disabled from Grade 11 to Grade 7, the term of imprisonment may be increased by one month to three months for each additional grade of disability; If the victim is disabled from Grade 6 to Grade 3, the term of imprisonment may be increased from six months to one year for each additional grade of disability; Causing the victim's second-degree to first-degree disability, each additional first-degree disability can increase the sentence by two to three years; Increase the penalty for the level of disability above level 11, starting from level 11 and adding up cumulatively; ?
(5) Other circumstances that can increase the penalty. ?
if intentional injury causes minor injuries, the degree of disability can be considered when determining the starting point of sentencing, or it can be used as a sentencing circumstance to adjust the benchmark punishment. ?
hejian city People's Court Network-Appraisal Standard of Human Injury Degree
the Supreme People's Court-the Supreme People's Court's Guiding Opinions on Sentencing for Common Crimes.