Whoever causes death or serious injury by particularly cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
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.
The "serious injury" mentioned here, according to the provisions of Article 96 of the Criminal Law, refers to any of the following circumstances:
1, making people physically disabled or disfigured;
2. Causing people to lose hearing, vision or other organ functions;
3. Others are very harmful to personal health. Among them, "other serious injuries to personal health" mainly refers to complications that are life-threatening at the time of injury or can cause life-threatening in the process of injury, in addition to the above serious injuries.
4. Whoever intentionally hurts others and causes death, or causes serious injury or disability by particularly cruel means, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
"Causing death" as mentioned here means that the actor intentionally hurts others out of harm to their health, but the victim dies after being injured or because of other reasons.
Extended data:
Sentencing standard of intentional injury crime
1. 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.
2. Whoever intentionally hurts others and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. The "serious injury" mentioned here, according to the provisions of Article 96 of the Criminal Law, refers to any of the following circumstances:
(1) causing physical disability or disfigurement;
(2) Causing people to lose hearing, vision or other organ functions;
(three) other major hazards to personal health.
Among them, "other injuries that seriously endanger human health" mainly refers to complications that are life-threatening at the time of injury or can cause life-threatening during injury, and other injuries that seriously affect human health.
It mainly includes craniocerebral injury, neck injury, chest injury, abdominal injury, pelvic injury, spinal cord injury and injuries caused by burns, scalds, frostbite, electric shock injury, physical, chemical or biological injuries.
1On March 29th, 990, the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security issued the appraisal standard for serious human injuries. In judicial practice, the identification of serious injuries is mainly based on the "Standards for Identification of Serious Injuries".
3. Whoever intentionally hurts others and causes death, or causes serious injury or disability by particularly cruel means, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
The term "causing death" here refers to the result that the actor intentionally hurts others out of harm to their health, but the victim dies after being injured or because of other reasons.
"Extremely cruel means" refers to the act of intentionally causing serious disability to others and using particularly cruel means such as disfiguring, gouging out eyes and cutting off feet to hurt others.
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