stay
unlawful detention
criminal detention
reprieve
Intentional homicide/killing
arrest
Apply for bail pending trial
To execute (a sentence) outside prison.
community correction
parole
death sentence
Anyone who commits the crime of intentional injury shall generally be investigated for criminal responsibility according to the specific circumstances of the crime. At this time, if there are statutory or discretionary sentencing circumstances, it is possible to give criminals a lighter or mitigated punishment. But what is the mitigating circumstance of intentional injury at this time? Let's learn together.
1, the benchmark punishment is fixed-term imprisonment of not more than three years, and those who cause minor injuries can be given a lighter punishment in the 1-3 sentencing box. If the benchmark punishment is fixed-term imprisonment of more than three years, causing serious injuries, a lighter punishment can be given in the 1-2 sentencing box.
2. If the victim is at fault, he can be given a lighter punishment in 1-3 sentencing box; If the benchmark punishment is fixed-term imprisonment of more than 10 years, a lighter punishment can be given in 1-5 sentencing boxes.
3. If the defendant fully compensates or mostly compensates the victim for economic losses, he may be given a lighter punishment in the 1-3 sentencing box. If the defendant and the victim reach a settlement and get the understanding of the victim, it can be settled in 2-
Lighter punishment in five sentencing cases; If the victim is slightly injured, the defendant has a good attitude of pleading guilty and there are no other statutory aggravating circumstances, control or exemption from criminal punishment may be considered.
4. If there are circumstances of surrender, you can be given a lighter or mitigated punishment within 2-4 sentencing boxes; If the benchmark punishment is fixed-term imprisonment of not more than three years and the circumstances of the crime are minor, criminal detention, control or exemption from criminal punishment may be considered.
5. Those who have rendered meritorious service may be given a lighter or mitigated punishment in the 1-3 sentencing box. Those who have made significant meritorious service may be given a mitigated punishment; If the benchmark punishment is fixed-term imprisonment of not more than three years and the circumstances of the crime are minor, criminal detention, control or exemption from criminal punishment may be considered. Those who have made great meritorious service by surrendering themselves shall be given a mitigated punishment; The benchmark punishment is fixed-term imprisonment of not more than three years, and can be exempted from criminal punishment, public surveillance or criminal detention.
6、
Those who actively rescue the victim after committing a crime may be given a lighter punishment in the 1-2 sentencing box.
7. If the guilty attitude is good or relatives are hurt by family chores, they can be given a lighter punishment in 1-2 sentencing box.
8. There are statutory mitigating circumstances, and the guilty attitude is good. The defendant compensated the victim for economic losses and obtained the victim's understanding. If there are no other statutory aggravating circumstances and the benchmark punishment is fixed-term imprisonment of not more than three years, criminal detention, control or exemption from punishment may be considered; If the benchmark punishment is fixed-term imprisonment of more than three years, the punishment shall generally be mitigated.
9. The defendant has more than two statutory mitigating circumstances or only two circumstances, and one of them should be mitigated; If there are no other circumstances that prevent a lighter or mitigated punishment, it may be considered to reduce the punishment or apply exemption from criminal punishment beyond the statutory punishment, and the situation shall be discussed and decided by the judicial committee.
The above nine situations are mitigating circumstances of the crime of intentional injury proposed by Bian Xiao. When criminals have different circumstances, the degree of lighter or mitigated punishment is different. Of course, these are all beneficial to it, but we need to identify the corresponding plot. For more relevant knowledge, please consult Yichang lawyer.
Extended reading:
The crime of intentional injury may be sentenced to several years.
How to identify the crime of intentional injury
Can intentional injury be suspended?