In the life, often somebody can happen because of quarrel dispute fight, some fight the consequence that cause is slighter, won't be found out responsibility, but some meetings make intended harm crime.
The netizen seeks advice:
Both sides produces issue, play the other side into left tibial and traverse fracture, appraisal of legal medical expert is flesh wound, but police station says first-run should pass mediation, your ability is arrested to arrest a person below the procuratorate, and catch a person to do not have economic compensation, press criminal law excuse me, can define be intended harm, can sentence how many years. How is compensation striven for!
Errant group attorney solves:
Harm a blame intentionally, it is the criminality that criminal law of the serious degree that shows it is certain to harm other body illegally intentionally and be reached, merit punishs. Although intended harm blame has the legal punishment of 3 extent, but the clue that regards legal punishment as impossibly promote akin number blame, if press one blame punish, realize a blame hard punishment photograph suits.
Errant group attorney is analytic:
Harm the cognizance of the blame and punishment intentionally
Intended harm blame is the behavior that shows intended and illegal harm other people is healthy, alleged harm is to point to the behavior that damages health of his person body.
What normally expression organizes to destroy human body is complete if snap finger, dig an eye to if make the person loses function of hearing, vision, nerve,wait for the normal function with organ of broken hellion body wrong etc. But these harm behavior must be illegal, if wait for legal action because of self-defence and harm other body, do not make intended harm crime.
Harm a blame intentionally the serious degree with respect to the result, have 3 kinds of pattern, namely flesh wound, serious injury or death. If if was not achieved,do not have the harm that causes flesh wound above,belong to slight injury however, criterion cannot with this blame punish.
(1) alleged flesh wound, it is to because physics, chemistry reachs all sorts of outside element action such as biology,point to at human body, create obstacle of the harm of the certain level of structure of organization, organ or partial function, have not form serious injury not to attribute the loss of slight harm again. The former hair sex that appraisal ought to cause directly to human body with outside element damages the comprehensive analysis such as the complication that after reaching consequence to include to injure the injury affection at that time, injury, causes and sequela, integrated assess.
(2) is alleged serious injury, it is to incite person limbs disability to perhaps destroy person appearance, lose listen, the vision is other perhaps organic function has significant loss to person health with etc.
Make what harm a blame intentionally, handle battle of 3 years of the following set term of imprisonments, arrest or control.
Commit intended harm crime, send a person to be weighed, be in 3 years of above 10 years the following set term of imprisonment.
Harm other body intentionally, send what 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.
Errant group attorney is compensatory:
Intended harm blame disables the regulation of the clue
1, " serious injury " it is to point to those who have one of following state:
(1) makes person limbs disability perhaps destroys person appearance;
(2) makes the person loses hearing, sense of sight functionary of other perhaps organ;
(3) is other have great harm to person health.
Among them " other have great harm to person health " , basically be to point to a few kinds of afore-mentioned serious injuries besides in get hurt to endanger life to perhaps be in at that time the complication that minatory life can cause in injuring a process, affect the loss of human body health badly with etc.
Basically include - injury of cerebral damage, cervical injury, bosom injury, abdominal injury, pelvic ministry injury, rachis and spinal cord injury and burn, scald, frostbite, electrical shock, physics, chemical or the loss that the element causing an injury such as biology causes. Print and distribute of procuratorate of court of judiciary, top on March 29, 1990 people, top people, the Ministry of Public Security " person weight hurts appraisal level " .
2, " the death that send a person " it is to point to:
Behavior person is stemmed from those who damage other health is intended and harm other, but because the injured party is couldn't get after harm seasonable effective perhaps cure or as a result of other reason, create the result that the injured party dies.
3, " particularly cruel method " :
It is to point to cause another person intentionally serious disability and use destroy the look, eye that dig a person, action that throws person double foot to wait for particularly cruel method to injure another person.
