Legal Analysis
A fight that results in the removal of the other party's spleen constitutes a minor injury and generally leads to imprisonment. It depends on whether the victim's forgiveness can be obtained. The crime of intentional injury refers to the behavior of the perpetrator who intentionally and illegally damages the physical health of others. If the crime of intentional injury is constituted, the sentencing starting point can be determined within the corresponding range according to the following different circumstances: If intentional injury causes minor injury to one person, the sentencing starting point can be determined within the range of fixed-term imprisonment or criminal detention of less than two years. If intentional injury causes serious injury, the starting point for sentencing can be determined within the range of fixed-term imprisonment of not less than three years but not more than five years. For those who intentionally injure someone with particularly cruel means and cause serious injuries, causing level 6 severe disability, the sentencing starting point can be determined within the range of fixed-term imprisonment of not less than 10 years but not more than 13 years. Except for those who should be sentenced to life imprisonment or more according to law. On the basis of the starting point for sentencing, the amount of punishment can be increased and the base sentence can be determined based on other criminal facts that affect the composition of the crime, such as the consequences of the injury, the level of disability, the cruelty of the means, etc. If intentional injury results in minor injuries, the degree of disability may be considered when determining the starting point for sentencing, or may be used as a basis for adjusting the sentencing circumstances.
Legal Basis
Article 234 of the "Criminal Law of the People's Republic of China" who intentionally harms the body of others shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Anyone who commits the crime in the preceding paragraph and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; whoever causes death or severe disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death. If this law provides otherwise, such provisions shall prevail. Article 234-1 Whoever organizes others to sell human organs shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall be fined or his property shall be confiscated. Anyone who removes their organs without their consent, or removes the organs of a person under the age of 18, or forces or deceives others to donate organs, shall be subject to the provisions of Articles 234 and 232 of this Law. Conviction and punishment. Anyone who violates state regulations and removes organs from a person's corpse against his or her will before death, or removes organs from a person's corpse against his or her will without the consent of his close relatives before his or her death, shall be convicted and punished in accordance with the provisions of Article 302 of this Law.