Second, the legal basis:
Article 234 of the Criminal Law 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.
Chapter II of Criminal Law: Litigation Procedure of Public Prosecution Cases with Parties Reconciliation
Article 277 In the following cases of public prosecution, the criminal suspect or defendant sincerely repents by means of compensation for losses or apology, and obtains the understanding of the victim. , and the victim voluntarily reconciled, both parties can reconcile:
(a) due to a civil dispute, suspected of criminal cases stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law, and may be sentenced to fixed-term imprisonment of not more than three years;
(two) criminal cases of negligence other than dereliction of duty that may be sentenced to fixed-term imprisonment of not more than seven years.
If a criminal suspect or defendant intentionally commits a crime within five years, the procedures specified in this chapter shall not apply.
Article 278 If both parties reach a settlement, the public security organ, the people's procuratorate and the people's court shall listen to the opinions of the parties and other relevant personnel, examine the voluntariness and legality of the settlement, and preside over the making of a settlement agreement.
Article 279 The public security organ may make suggestions to the people's procuratorate for leniency in cases where a settlement agreement is reached. The people's procuratorate may put forward suggestions for lenient punishment to the people's court; If the circumstances of the crime are minor and there is no need to be sentenced to punishment, a decision not to prosecute may be made. The people's court may punish the defendant lightly according to law.
Extended data:
law
criminal law
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? [2]? .
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, paragraph 2, Whoever gathers people to fight and causes serious injury or death 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.
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.
judicial explanation/interpretation
Joint circular of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on punishing criminals who use intrauterine devices (IUD) (1983.12.10).
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 and steal Li Yan and disturb social order can be deprived of political rights (1997.12.31).
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 (Law Interpretation [1999.10.20}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.
Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Traffic Accident Criminal Cases (Fa Shi [2000] No.33).
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.
Criteria for filing a case
Article 234 of the Criminal Law stipulates that intentional and illegal injury to another person's body is the crime of intentional injury. The standard for filing the crime of intentional injury is in accordance with Article 1 of the Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC). "
Cases of private prosecution directly accepted by the people's courts include (2) minor criminal cases in which the people's procuratorate has not initiated public prosecution and the victim has evidence to prove: intentional injury cases (as stipulated in the first paragraph of Article 234 of the Criminal Law) ",and those who intentionally hurt others' bodies shall be placed on file and do not need to meet the above-mentioned minor injury standards.
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