What are the constitutive requirements of intentional injury?
(A), the object elements
The object of infringement is the health right of others. The so-called body right refers to the personality right of natural persons, and its content is to maintain the integrity of their limbs, organs and other tissues. It should be noted that it infringes on the body rights of others, so intentionally hurting one's own body is generally not considered a crime. Self-mutilation can only constitute a crime if it violates the relevant criminal law norms in order to harm social interests. For example, a soldier who injures himself in wartime and evades performing his military service obligations shall be investigated for criminal responsibility in accordance with Article 434 of the Criminal Law.
(2) objective factors
Objectively, it is an act of illegally damaging others' bodies.
1, there must be behavior that harms others' health.
2. It must be illegal to harm others' health.
3, damage to the body of others must cause a certain degree of personal injury to others, in order to constitute the crime of intentional injury.
(3), the main elements
The subject of the crime of intentional injury is the general subject. Any natural person who reaches the age of criminal responsibility and has the ability of criminal responsibility can constitute the crime of intentional injury. Among them, a natural person who has reached the age of 14 but has not reached the age of 16, who intentionally hurts and causes serious injury or death, shall bear criminal responsibility. Those who cause minor injuries must be 16 years old to constitute the crime of intentional injury.
(4) Subjective factors
The crime of intentional injury is subjectively intentional. That is, the actor knows that his behavior will cause harm to the health of others, and hopes or lets this happen. In general, the actor may not have a clear understanding and pursuit of the extent to which his injury behavior can cause harm to the victim in advance. No matter how much the result is, it is within subjective intention. Therefore, it is generally possible to determine whether it is intentional minor injury or intentional serious injury according to the actual injury results. The crime of intentional minor injury still has the problem of attempted crime. However, if the intention of serious injury is obvious, such as an attempt to severely disfigure, and the behavior that has been carried out fails due to reasons other than will, even if no actual injury is caused, it should be convicted and sentenced for the crime of intentional serious injury (attempted).
What is the difference between the crime of stirring up trouble and the crime of intentional injury?
1, different motives:
Picking up trouble is the motivation to pick up trouble for no reason based on hitting people for fun or showing prestige; Intentional injuries often arise from some reasons or grudges.
2, the behavior object is different:
The object of troublemaking behavior is not specific, and intentional injury is often related to specific things. The object of infringement is the health right of others. The so-called body right refers to the personality right of natural persons, and its content is to maintain the integrity of their limbs, organs and other tissues. It should be noted that it infringes on the body rights of others, so intentionally hurting one's own body is generally not considered a crime. Self-mutilation can only constitute a crime if it violates the relevant criminal law norms in order to harm social interests.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 234 of the Criminal Law intentionally hurts another person's body, and he 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.