In practice, fight affray had happened rarely in our life, everybody realizes assault and cannot solve a problem truly. Fight affray inspects a clue to may rise badly to criminal case from public security case, so is the level of put on record that hits a framework to become criminal case what kind of? Read the following Wu of law of 10 thousand state is small make up the content that arranges for you, meet what help somewhat to you certainly.
One, the level of put on record that hits a framework to become criminal case
" criminal law " in about fighting the content of standard of criminal case put on record
(One) the 234th
1, harm other body intentionally, handle battle of 3 years of the following set term of imprisonments, arrest or control.
2, blame of the money before making, send a person to be weighed, be in what 10 years 3 years; of the following set term of imprisonment sends above to the person dies or send a person to weigh an injury to cause serious disability with particularly cruel method, be in set term of imprisonment of 10 years of above, life imprisonment or capital punishment. This law has a regulation additionally, according to regulation.
(2) the 238th
1, imprison other illegally to perhaps strip illegally with other method of other person freedom, manage battle of 3 years of the following set term of imprisonments, arrest, control right of privative perhaps politics.
2, have beat up, insult a clue, from heavy punishment.
3, blame of the money before making, send a person to be weighed, be in 3 years of above 10 years; of the following set term of imprisonment sends a person to die, be in set term of imprisonment of 10 years of above. Use force sends a person to disable, of death, according to Benfadi 234, the 232nd regulation convictions punishment.
(3) the 247th
Judicatory staff member executes punishment to dispatch extorts a confession or use force to force to person of guilty suspect, the accused take witness testimony, be in 3 years of the following set term of imprisonments or arrest battle. Send a person to disable, of death, according to Benfadi 234, the 232nd regulation convictions from heavy punishment.
(4) the 248th
The superintendency personnel of the superintendency orgnaization such as jail, jail, detention house is right person be superintendencied undertakes beat up or physical punishment is mistreated, the clue is serious, be in 3 years of the following set term of imprisonments or clue of arrest battle; is particularly serious, be in 3 years of above 10 years the following set term of imprisonment. Send a person to disable, of death, according to Benfadi 234, the 232nd regulation convictions from heavy punishment. Superintendency personnel is incited person be superintendencied is beaten up or physical punishment is mistreated other of person be superintendencied, the regulation of the money before according to is punished.
(5) the 289th
Gather a crowd " beating " , send a person to disable, of death, according to Benfadi 234, the 232nd regulation convictions punishment. Destroy or reave state-private property, divide outside sentencing your pay compensation for what one has unlawfully taken, to first member, according to Benfadi 263 regulation convictions punishment.
(6) the 292nd the 2nd
Gather a crowd affray, send a person to weigh injury, death, according to Benfadi 234, the 232nd regulation convictions punishment.
2, newest fight the condemnatory regulation of affray
Basis " public security management sanctions a method " the 43rd regulation: "Hit another person, harm other body intentionally perhaps, be in 5 days of above 10 days to be detained below, be in 200 yuan of above plot of; of 500 yuan of the following amerce is smaller, place be detained 5 days below or fine 500 yuan below.
Have one of following state, be in 10 days of above 15 days to be detained below, be in 500 yuan of above 1000 yuan of the following amerce:
(One) gang is beaten up, the; that injures another person
(2) beat up, harm disabled, pregnant woman, malcontent the person of 14 one full year of life or the; of the person of above of 60 one full year of life
(3) beat up for many times, injure another person "
If cause flesh wound above, make intended harm crime, want to sentence. Sentence according to the clause below:
The 234th [harm a blame intentionally] harm other body intentionally, handle battle of 3 years of the following set term of imprisonments, arrest or control. Blame of the money before making, send a person to be weighed, be in what 10 years 3 years; of the following set term of imprisonment sends above to the person dies or send a person to weigh an injury to cause serious disability with particularly cruel method, be in set term of imprisonment of 10 years of above, life imprisonment or capital punishment. This law has a regulation additionally, according to regulation.
3, how is intended harm blame maintained?
Harm a blame intentionally, it is to point to the behavior that damages health of his person body illegally intentionally. The to this blame cognizance in judicatory practice and punishment should note the following problems:
(One) behavior person has the key that damaging the behavior with healthy other people illegally intentionally is compose cost suffering. Should notice to this the following at 2 o'clock:
1, the premise that the illegal sex that harms behavior is compose cost suffering. If harm behavior is lawful, if self-defence is urgent perhaps,avoid certain harm is caused in danger process, do not form guilty;
2, this blame harms intentionally must be other is healthy. Self-wounding behavior cannot make this crime, the likelihood below special situation makes other crime, if the soldier is war,be those who escape body of martial obligation self-wounding, should according to criminal law the 434th regulation, with war self-wounding blame punish.
(2) the flesh wound of harm degree be confined to of compose cost suffering, serious injury, harm is deadly 3 kinds of circumstances. The following slight injury mixes flesh wound to beat up behavior commonly, cannot make this crime. As to the standard with serious injury, flesh wound, slight divisional injury, should release jointly with procuratorate of top people court, top people, the Ministry of Public Security, judiciary " person weight hurts appraisal level " and " standard of appraisal of human body flesh wound (try out) " the regulation is accurate.
(3) this blame because the criminal responsibility age of main body hurts rate differ and have diverse demand, send what the person is hurt again or harm the death that send a person, criminal responsibility age is full already 14 one full year of life are malcontent; of 16 one full year of life sends person flesh wound, need full already suffering of cost of compose of ability of 16 one full year of life.
(4) set clearly to criminal law with other crime the intended harm behavior of punish, should conviction about the clause according to criminal law punishment, and cannot with this blame punish.
(5) commit this crime, handle battle of 3 years of the following set term of imprisonments, arrest or control; sends a person to be weighed, be in what 10 years 3 years; of the following set term of imprisonment sends above to the person dies or send a person to weigh an injury to cause serious disability with particularly cruel method, be in set term of imprisonment of 10 years of above, life imprisonment or capital punishment.
Above is Wu of law of 10 thousand state small make up what arrange for you is newest the relevant content of the level of put on record that hits a framework to become criminal case. On put together, want to saw the other side cause what kind of person to damage above all, if be slight injury, undertake condemnatory by public security regulation. If be the harm that causes flesh wound and above, so be about to be evaluated by criminal law. If you still have other legal issues, the welcome consults lawyer of our Wu of law of 10 thousand state.
