The prison term is at least 5 years, 10 years is also possible.
And lose money
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crime of willful and malicious injury
[Interpretation]
The crime of intentional injury refers to the act of intentionally and illegally damaging the health of others.
[Criminal Law Provisions]
Article 234 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.
Article 238 Whoever illegally detains others or illegally deprives others of their personal freedom by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Those who are beaten or insulted shall be given a heavier punishment.
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 shall be sentenced to fixed-term imprisonment of not less than ten years. Whoever uses violence to cause disability or death shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.
Whoever illegally detains another person or detains another person in order to claim debts shall be punished in accordance with the provisions of the preceding two paragraphs.
Any functionary of a state organ who commits the crimes mentioned in the preceding three paragraphs by taking advantage of his power shall be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.
Article 247 Judicial personnel who extort confessions from criminal suspects or defendants by torture or force witnesses to testify shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever causes disability or death shall be convicted and given a heavier punishment in accordance with the provisions of Articles 234 and 232 of this Law.
Article 248 Supervisors of prisons, detention centers, detention centers and other supervisory institutions beat or physically abuse the supervised person, and if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Whoever causes disability or death shall be convicted and given a heavier punishment in accordance with the provisions of Articles 234 and 232 of this Law.
If the supervisor instructs the supervised person to beat or physically abuse other supervised persons, he shall be punished in accordance with the provisions of the preceding paragraph.
Article 289 Whoever gathers people to "smash, smash and rob", thus causing disability or death, shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law. Whoever destroys or robs public or private property shall be convicted and punished in accordance with the provisions of Article 263 of this Law, in addition to being ordered to make restitution.
Article 292 If an affray causes serious injury or death, the second helper shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.
Article 333 Whoever illegally organizes others to sell blood shall be sentenced to fixed-term imprisonment of not more than five years and fined; Whoever forces others to sell their blood by violence or threat shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
Whoever commits the acts mentioned in the preceding paragraph and causes damage to others shall be convicted and punished in accordance with the provisions of Article 234 of this Law.
[Related Judicial Interpretation]:
Joint circular of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on punishing illegal and criminal activities of taking out intrauterine devices (198. 12. 10).
Second, for the purpose of making profits, taking out intrauterine devices for women of childbearing age without permission, which is rude and harms women's health, shall be punished in accordance with the crime of injury stipulated in the Criminal Law.
Reply of the Supreme People's Court on whether criminals who intentionally hurt, steal or disturb social order in Yan Li can be deprived of political rights (legal interpretation [199.12.31]19971).
According to the provisions of Article 56 of the Criminal Law, criminals who intentionally kill, rape, set fire, explode, poison, rob and other criminals who seriously undermine social order may be additionally deprived of political rights. For other crimes that seriously disrupt social order, such as intentional injury and theft, if the criminals are subjectively vicious, the circumstances of the crime are bad and the crime is serious, they may be deprived of political rights in addition according to law.
Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Organizing and Utilizing Cult Organizations (Legal Interpretation [1999.10.20]1999 18).
Article 4 Whoever organizes and uses cult organizations to create and spread superstitions and cults and instigates or coerces its members or others to commit suicide or self-injury shall be convicted and punished for intentional homicide or intentional injury in accordance with the provisions of Articles 232 and 234 of the Criminal Law respectively.
Article 8 Property, tools and publicity materials illegally collected by various means for cult organizations and criminals who use cult organizations to undermine law enforcement. Recovered and confiscated according to law.
Notice of the Supreme People's Court on Printing and Distributing the Minutes of the Symposium of National Courts on Maintaining Rural Stability (1998+00). 27 Law [No.199 12 17]
(1) Cases of intentional homicide and intentional injury
We should accurately grasp the standard of "serious disability" caused by intentional injury and serious injury. According to the "Appraisal Standard of Workers' Occupational Injury Disability Degree" issued by the State Bureau of Technical Supervision 1996 (hereinafter referred to as "Work Injury Standard"), the "severe disability" stipulated in the second paragraph of Article 234 of the Criminal Law refers to one of the following situations: most of the victim's body organs are defective, the organs are obviously deformed, the body organs are moderately dysfunctional, and serious complications are caused. The degree of disability is divided into general disability (10-7), serious disability (6-3) and particularly serious disability (2-1), and above 6 is regarded as. Severe disability. "Before the introduction of relevant judicial interpretations, the level of disability can be determined by unified reference to the Industrial Injury Standards. In practice, the death penalty will not be imposed as long as it reaches "serious disability", and the punishment will be determined according to the specific situation of "serious disability" caused by the injury and the comprehensive consideration of the criminal circumstances and harmful consequences. Intentional injury causes serious injury and serious disability. Only when the criminal means are particularly cruel and the consequences are particularly serious can the death penalty be considered (including the death penalty, with a two-year suspension). Although the High People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Traffic Accident Criminal Cases (No.33 [2000] of 2000)
Article 6 Where an actor hides or abandons the victim after a traffic accident to avoid legal investigation, resulting in the death or serious disability of the victim, he shall be convicted and punished for intentional homicide or intentional injury in accordance with the provisions of Article 232 and Article 234, paragraph 2, of the Criminal Law respectively.
1. Whoever illegally detains or violently injures a state functionary shall be given a heavier punishment. (Article 238 of the Criminal Law)
Two, judicial personnel who extort a confession by torture and cause disability shall be given a heavier punishment. (Article 247 of the Criminal Law)
Third, the supervisor's beating and corporal punishment caused the disability of the supervised person, and the circumstances were serious. (Article 248 of the Criminal Law)
[description]
First, the main features of the crime of intentional injury are:
(1) The object of infringement is the health of others. The so-called damage to the health of others mainly refers to damage to the integrity of human tissues or damage to the normal function of human organs.
(2) Objectively, it is an act that illegally harms the health of others. The result of injury may be minor injury, serious injury or death. In judicial practice, it is necessary to distinguish between serious injuries and minor injuries. Article 95 of China's Criminal Law stipulates the meaning of serious injury in principle, even if a person is physically disabled or disfigured; Causing people to lose hearing, vision or other organ functions; Others are very harmful to personal health. Specific reference should be made to the "Appraisal Standard for Serious Human Injury" and "Appraisal Standard for Minor Human Injury (Trial)" jointly issued by the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security.
(3) Subjectively, it can only be intentional, including direct intention and indirect intention. The criminal motive does not affect the establishment of this crime.
(4) The subject of this crime is a person who has reached the age of 16. A person who has reached the age of 14 but has not reached the age of 16 shall also bear criminal responsibility for intentional injury that causes serious injury or death.
Two, the trial of intentional injury cases should pay attention to the following issues:
(1) Generally, fighting only causes human suffering, but it does not endanger human health or the circumstances of the injury are obviously minor. It is a general illegal act that infringes on personal rights and should not be punished as this crime.
(2) Intentional homicide is caused by intentional homicide, and intentional injury is caused by intentional negligence. Therefore, if it is obvious that there are only intentional homicide and attempted homicide, which only cause harmful results, it should be punished as attempted intentional homicide. Obviously, there is only intentional injury, and if the injury causes death, it shall be punished as intentional injury causing death.
For some complicated cases, it is difficult to distinguish between intentional homicide and intentional injury, and there are great internal differences. For the sake of prudence, it can be punished as intentional injury.
(3) Anyone who dies in a fight or brawl between people caused by civil disputes should be punished as intentional homicide, except that the perpetrator has obvious intention to kill, and generally can be punished as intentional injury to death. Anyone who suddenly carries out an armed attack, although not as obvious as premeditated murder, is characterized by disregard for the life and death of the victim. In this case, the conviction is generally based on the actual results. If the victim is dead, it is regarded as indirect intentional homicide, and if the victim is not dead, it can be regarded as intentional injury.
(four) the degree of injury between light and heavy cases, should be cautious in punishment. If minor injuries cause serious injuries, a heavier punishment may be imposed in accordance with the provisions of the first paragraph of Article 234 of the Criminal Law; Those who are slightly injured in serious injuries may be given a lighter punishment in accordance with the provisions of the second paragraph of the same article. If there are specific provisions in other provisions of the specific provisions of the Criminal Law that harm others to commit other crimes, the special provisions of this article shall apply to conviction and sentencing.