Whoever commits a crime and causes serious injuries shall be sentenced to fixed-term imprisonment of not more than three years; Those who cause death or serious disability, and those who cause serious injuries by particularly cruel means 10 years or more, shall be sentenced to life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
The crime of intentional injury and the act of intentional injury to health are illegal. In the judicial practice of identifying and punishing this crime, we should pay attention to the following issues: 1, healthy behavior constitutes intentional injury and illegal behavior. Attention should be paid to the following two points: (1) illegal sabotage constitutes the premise of this crime. If a certain injury is caused in the process of self-defense or emergency avoidance, the injury is legal and does not constitute a crime; (2) The crime of intentionally hurting others must be healthy. If self-destruction does not constitute a crime, it can constitute a special case of other crimes. For example, a soldier who injures himself in wartime and evades his military service obligations shall be punished as the crime of self-injury in wartime according to the provisions of Article 434 of the Criminal Law.
The degree of damage that constitutes a crime is limited to minor injuries, serious personal injuries, injuries and deaths. Sometimes it is not less than minor injuries or general attacks, which does not constitute this crime. As for serious injuries and minor injuries, sometimes there is no difference in standards, which should be issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and Justice and the Ministry of Minor Injuries (for Trial Implementation).
3. The subject of this crime, the age of criminal responsibility, has different requirements due to different degrees of injury. The cause of serious personal injury or injury death is minor injury, which is over 14 years old and under 16 years old; The person who causes criminal responsibility is over 16 years old, which can constitute a crime.
4. Other intentional injuries shall be convicted and punished in accordance with the relevant provisions of the Criminal Law, but crimes defined in criminal law cannot be punished.
Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and those who cause serious injuries shall be sentenced to fixed-term imprisonment of not less than three years 10 years; 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, life imprisonment or death. /a & gt；
In addition, according to the relevant judicial interpretation, those who commit this crime can be deprived of political rights.
crime of willful and malicious injury
It is difficult to distinguish intentional injury from intentional homicide in the following two situations: first, intentional injury to death and intentional homicide, intentional injury and attempted intentional homicide. The key to the difference between the two is to determine whether the perpetrator's criminal intention is specific: whether it leads to death or not, pedestrians who deliberately deprive others of their lives should be considered as intentional homicide, and whether the illegal act is not only a deliberate harm to others' health, but also a result of causing others' death can only be considered as intentional injury. deal with
In addition, we should also pay attention to the following three special situations: (1) When a crime is suddenly committed, the perpetrator deliberately does not know or care about the casualties of others, which may generally lead to damage, intentional injury and identification of the real cause of death. If given the crime of intentional homicide; (2) If a fight causes death, he shall be convicted of general intentional injury to death, except for the crime of obvious intentional homicide; (3) Intentional injury does not distinguish between intentional homicide cases and suspected crimes, and there is no general principle spirit.
The difference between the crime of intentional injury (death) and death caused by negligence is that the actor subjectively has the intention to hurt others, although he has no intention to kill or hurt others' health. The intentional injury caused by the act of complete intentional death, the act of negligent death, the actor not only did not intentionally kill people, but also did not harm the health of others, so the death result caused by the act of complete negligence occurred.
3 The determination of the degree of injury should pay attention to the comprehensive evaluation of the injury and treatment effect after injury: the situation was serious at that time, and it returned to normal after basic treatment, or only formed the theory that the result of minor injury should be minor injury, and the injury was not serious, but after treatment, the final result was serious injury and injury.
( 1994)
Beijing Higher People's Court:
The Supreme People's Court, Beijing (1993)277 "Our hospital has received the transfer of a case of private prosecution, which was deliberately convicted through the public prosecution procedure and the case was revoked by the public security organ." . In the study, the answers are as follows:
Agree with your family. Code "criminal procedure law" article 6 1 and "our hospital by the public security organs, the withdrawal of the case has intentionally hurt the same fact (slight), the victim has filed a criminal private prosecution. The people's court shall file a case if it meets the provisions of Article (1) of the review of criminal private prosecution cases on September 24, 1993, and the statutory limitation period has not expired, and it does not meet the conditions for filing a case.
This complicated case consists of charges of intentional injury and obstruction of official duties.
Beijing No.2 Intermediate People's Court
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02318 at the end of the second sentence (2006)
The original public prosecution agency was the People's Procuratorate of Chaoyang District, Beijing.
Appellant (defendant in the original trial) He Hui, male, 35 years old, born in August197/kloc-0, Han nationality, with junior high school education, unemployed, living in Mentougou District, was sentenced to seven years' imprisonment for theft; 1March 1999, sentenced to 9 years' imprisonment, deprived of political rights for 2 years, and fined 20,000 yuan. His sentence was reduced and he was released on 2 July 2005. 65438+detained in February 2005, 65438+criminally detained the next day in September 2005, and 65438+arrested in 2006 10. He is currently being held in Chaoyang District Detention Center in Beijing.
Appellant (defendant in the original trial) Ma Dongxing, male, 27 years old, 1979 10 was born in Beijing in June, Han nationality, junior high school educated, peasant, and living in a mountainous area. In April 2000, he committed robbery and was sentenced to five years' imprisonment and fined 12000 yuan. 65438+detained in February 2005, 65438+criminally detained the next day in September 2005, and 65438+arrested in 2006 10. He is currently being held in Chaoyang District Detention Center in Beijing.
Appellant (defendant in the original trial): Li Weifeng, male, 3 1 year old, 1.975, born in July, Manchu, from Jilin Province, with junior high school education, unemployed, living in jiaohe city, jiaohe city, Jilin Province. 65438+detained in February 2005, 65438+criminally detained the next day in September 2005, and 65438+arrested in 2006 10. He is currently being held in Chaoyang District Detention Center in Beijing.
The Beijing Chaoyang District People's Court and the Beijing Municipal People's Procuratorate accused the defendants He, Ma Dongxing and Zhang Weifeng of intentional injury and obstruction of official duties, and made a criminal judgment on 20061October 3 (2006) with a penalty of No.2373. After the verdict was pronounced, the defendants He, Ma Dongxing and Zhang Wei refused to accept the appeal within the statutory time limit. After the court formed a collegial panel to score goals, it interrogated the appellants (defendants in the original trial) He, Ma Dongxing and Zhang Weifeng, and decided not to hold a trial when the facts were clear. The case has now been heard.
Beijing Chaoyang District People's Court ruled in the first instance: At about 6: 00 on June 65438+February 19, 2005, the defendants Lu, Ma Dongxing and Zhang Weifeng, from Chaoyang District, worked part-time with the driver of the bus company 7 10 at Dongfeng North Bridge due to roadside traffic problems on the Fourth Ring Road. The scalp laceration caused by Himeji turned into soft tissue injury and concussion. In criminal identification cases, there are sometimes no passengers: Liu Yuebiao (male, 35 years old, from Inner Mongolia) beat the defendants Lu, Ma Dongxing, Zhang Weifeng and Liu Yuebiao, resulting in Wang (male, 42 years old), a policeman of Jiuxianqiao Police Station in Chaoyang Branch where Liu Yuebiao is located. After the alarm, the defendants Lu, Ma Dongxing and Zhang Weifeng insulted, pushed and beat Wang Jianmin and Yan, causing many soft tissue contusions and uniform tears of Yan and two policemen. The latter three defendants were arrested and brought to justice on the spot.
During the trial of this case, through mediation by Chaoyang court, He Hui and Ma Dongxing and Zhang Wei compensated Liu (senior relative) for economic losses, Yue Biao's medical expenses, legal fees, plastic surgery fees, continuing treatment fees and other economic losses totaling RMB 24,000. Compensation for the victim's complicated medical expenses is 2000 yuan.
The court of first instance confirmed and proved the above facts:
1, victim and highway report, and confirm the report form, which proves that on the afternoon of February 16 and 19, 2005, 7 10, a highway driver, took the bus to Dongfeng North Bridge in Chaoyang District, because the minibus was not allowed to reverse. Ejaculation-when I was a child, I stopped several men from getting on the bus. After a man climbed on the bus and took off the latch from the window, Ji-Lu wanted to drag off the bus and continue punching and kicking. They consciously saw several men abusing and pushing the police. The identification of the ejaculatory path confirmed that the injured man of the defendant Liu Lihui was holding a spring lock; Insulting the defendant Ma Dongxing, the man fell to the ground after reversing.
2. The statement and identification report of the victim Liu Yuebiao, which prove that Liu Yuebiao had an argument with a minibus when he was on bus No.710 at the above time and place. Five or six people got off the minibus and hit the bus driver on the train. One man was wearing a leather jacket and the driver was wearing a spring lock. The driver's head was bleeding, and several men punched and kicked under the driver. Liu Yuebiao came into contact with other discouraged Liu Yuebiao. One of the stout men grabbed a man wearing a leather jacket, injured Liu's left eyebrow with a spring lock, pulled open the guardrail on the side of the road, and grabbed it with Gao Pang, saying, "You know who I am, so you know I hit him." Later, the stout man Liu Yuebiao injured his left forehead with a spring lock and was dissuaded by passers-by. Several men continued to beat the driver of the 7 10 bus, and two policemen rushed forward, and some people would stop them from listening to dissuasion. The man wearing a leather jacket also needs a cement block to slap two policemen with glasses and smash their hats, and then the buttons of the police uniforms are torn off by the police. Another fat man and a short fat man, another policeman pushed, abused and tore the buttons, badges and badges of the police uniform. When another policeman arrived, he caught several men. According to Liu Yuebiao's appraisal, it was confirmed that the defendant He Huibu beat the knife with a spring lock, causing his left eyebrow bone injury. At that time, the concrete block he was holding tried to beat the police, and the male policeman with glasses slapped him in the face and wore a leather jacket. The defendant Ma Dongxing was dragged and abused by a policeman with a forehead injury and a stout man; Defendant Zhang Weifeng grabbed his collar and said, "Do you know who I am? Let you know, I hit him, "hit them, and then pulled and pushed the policeman." "
3. The statements of the victims, Yan and Wang, prove that on February 9, 2005 16, they then went out to the police and drove the police car to the scene. They saw a stout man wrestling with a man with blood all over his face and went forward to dissuade him from revealing his identity. The stout man listened to dissuasion and continued to beat each other. Yan Hewang sneered and grabbed the cement block from a man wearing a black leather jacket next to him. Dou Yanli and Wang stopped. Men slapped, punched, kicked, dragged and abused. At the same time, in a short line of two people, Rebecca pulled and pushed, and the alarm button was torn. Later, reinforcements arrived and arrested three men. Yan and Wang identified and confirmed that the defendant Lu wanted to hit the police with a cement block and slapped Yan in the face. After the severely dragged man wore a black leather jacket, the defendant Ma Dongxing was the victim of being beaten, a man who was abused, dragged, pushed and stocky by the police, and the defendant Zhang Wei was pulling and pushing the police.
4.2. Witness's testimony and appraisal record, which prove that Jianqing: 19, 2005, Jilu Bus, 16 On the morning of that day, a bar bus with Dongfeng North Bridge brand arrived at the roadside for free, and a stout man was lying on the left rear wheel. Many people hit the Kyrgyzstan Expressway in Little Barry on the bus. After one of the men put on a leather jacket, several men took turns to play with the spring lock, continued to beat Zhang and dragged him out of the car. Among them, the passenger car dissuaded, the passenger on the top floor of the stout man was hit on the roadside guardrail, and other passengers were punched and kicked, and they were also locked with springs. The police rushed forward, and people wearing leather jackets were not allowed to hit the concrete blocks of the police. The policeman with glasses stopped slapping loudly and pulled the police uniform. The short fat man and a fat man pushed another policeman to abuse his power. After tearing the police uniform, reinforcements arrived to control the three. At the same time, it proved that after the police arrived, the bus that several men took ran away. It was found out and confirmed by Jianqing police that the defendant was holding a spring lock, and the police hit a man wearing glasses and a leather jacket with a cement block. The defendant Ma Dongxing got off the bus and insulted, dragged and pushed the short and fat man of the police. The defendant Zhang Wei pulled and pushed the fat man of another policeman.
Witnesses He Jun and Yan Bao testified and confirmed the transcript: At about 6 o'clock on February 9, 2005, near Dongfeng North Bridge in Chaoyang District, Beijing, several men of a medium-sized van seized the bus driver of 7 10, beat him, then continued to fight, got off the bus and dragged him to the driver's place, and a passenger dissuaded him. A woman in a leather jacket ran into a concrete block of a policeman. After being stopped, the police slapped a policeman with glasses and tore his uniform. A stocky man and a fat man, another policeman pushed and pulled, and two policemen's uniforms were torn. Later, three men were arrested by the police who arrived. At the same time, it proved that when the police arrived, several jumpers ran away, only three people, and three men beat the driver and passengers to participate. He Jun and Yan identified and confirmed that the defendant was holding a concrete block to hit the police, and the policeman wearing glasses was kicked by a man wearing a leather jacket. The defendant Ma Dongxing insulted and pushed the police, and the defendant Zhang Wei insulted and pushed the fat policeman.
6. Witness Yicao's identification report card: On February 9, 2005, around KLOC-0/6, near Dongfeng North Bridge in Chaoyang District, several men beat a 7 10 bus driver. One of them is wearing a leather jacket and holding a snap lock. One of the passengers dissuaded him and several men were beaten. After the police arrived, the man abused his power and pushed. The man in leather jacket beat the police with a cement block. The policeman slapped him in the face. After the battle with glasses stopped, the policeman with torn uniform, a short man, a fat man and a fat man gave him a push. Another policeman pulled two policemen's uniforms and tore them. Later, three men were arrested by the police who arrived. It is necessary to confirm that the defendant, Lu, hit a policeman with glasses and a leather jacket with a spring lock cement block. The defendant Ma Dongxing was a short and fat man who insulted, pulled and pushed the police, while the defendant Zhang Weifeng pulled and pushed another fat policeman.
7. The effectiveness of the hospital diagnosis certificate is that the road victim Liu Yuebi was injured.
8. The identification of the degree of human injury proves that the victim Liu Yuebiao suffered from minor injuries (key injuries), while the victim and Lu Mou suffered from minor injuries.
/& gt； 9 1 10 alarm record, evidence photos of public prosecution agency, photos of victims' injuries, list of seized items, proof materials of Jiuxianqiao police station of Chaoyang Branch, and criminal record materials of defendants He Hui and Ma Dongxing. BR/>；
According to the above facts and evidence, the court of first instance held that the defendants Lu, Ma Dongxing and Zhang Wei could not handle it correctly when they were in distress. In fact, the gang beat others, causing one death and minor injuries (key points), sometimes without consequences. The defendant's behavior violated the criminal law and constituted the crime of intentional injury. Defendants He, Ma Dongxing and Wei Feng also violently hindered the staff of state organs from performing their duties according to law. The recidivist and defendant He Dongxing were severely punished according to law. The defendant Lu did not operate before committing the crime, agreed to deprive him of his political rights and was fined. The financial situation of the victim of intentional injury won him a lighter punishment. Therefore, judgment: Defendant Lu Lishi was convicted of intentional injury and sentenced to two years' imprisonment, obstruction of official duties, one year and six months' imprisonment, one year and six months' deprivation of political rights before merger, and a fine of 20,000 yuan. He was sentenced to three years' imprisonment for several crimes, deprived of political rights for one year and six months 13 days, and fined 20,000 yuan. He was sentenced to one year and six months' imprisonment for obstructing official duties and decided to execute three years' imprisonment. The defendant Zhang Weifeng was sentenced to one year and six months in prison for intentional injury and one year and two years in prison for nuisance of official duties.
He Hui and Zhang Weifeng appealed, but did not beat the victim, which did not constitute intentional injury. Ma Dongxing appealed, but did not beat the victim, insulted or pushed the police, which did not constitute intentional injury and obstruction of official duties.
It was found through trial that the fact that He Hui, Ma Dongxing and Zhang Wei sulfone committed intentional injury and obstruction of official duties was confirmed by the court of first instance, proved by the court of first instance and confirmed by cross-examination.
The court found that the appellants' defendants He Hui, Ma Dongxing and Zhang Wei in the original trial had a dispute with others, and failed to properly handle the gang assault, resulting in the death of 1 person and minor injuries to 1 person, all of which constituted the crime of intentional injury; He, Ma Dongxing and Zhang Weifeng violently hindered the staff of state organs from performing their duties. According to the law, their behavior constitutes a crime of obstructing official duties and is subject to legal sanctions. Lu is a recidivist, and Ma Dongxing should be severely punished according to law within five years after his release from prison. He Hui people should agree to be deprived of their political rights and be punished for their unfinished crimes. He Hui, Zhang Weijing and Ma Dongxing appealed to the victims not to fight. After inspection, in the victim's road, Liu Yuebiao showed and identified the report form to confirm the beating behavior of He Hui, Ma Dongxing and Wei Feng; Testimony of witnesses Jiang Kang Jianqing, Yi Cao, etc. And the appraisal record also confirmed that the neighbors and the hospital's diagnosis of the three appellants' intentional injury proved the victim's injury, so the appeal filed by He, Dongxing and Zhang Weifeng on the grounds that intentional injury did not constitute a crime could not be established. Ma's sexual attraction refers to the fact that insulting and pushing the police does not constitute a crime, which hinders official consultation and investigation. The testimony of two policemen and witnesses confirms the content of Ma Dongxing's insulting, pushing and beating the police with He Hui and Zhang Wei in the transcript. Therefore, Ma Dongxing's appeal grounds cannot be established and the court will not accept them. Based on this fact, the court of first instance found that the criminal acts of He, Ma Dongxing and Zhang Weifeng and their nature, plot, degree and degree of harm to society, the judgments, convictions and applicable laws were correct, the sentencing was appropriate, and the trial procedure was legal, which should be maintained. According to paragraph (a) and article 189 of the criminal procedure law of People's Republic of China (PRC), the court ruled as follows:
Zhang Weifeng, He Hui and Ma Dongxing rejected the appeal and upheld the original judgment.
This is the final verdict.