Harm a blame intentionally, general meeting harms the person safety of others and belongings security. But, apply the person that kill to be in after committing intended harm crime, do not want to be compensated for to the victim, choose to be imprisoned. Be imprisoned only in harming a blame intentionally do not compensate for how should handle? So, next by seek the arm of the law small make up contain the knowledge that does not compensate for about harming a blame intentionally to be imprisoned for everybody, consult in order to offer everybody!
One, intended harm blame is imprisoned do not compensate for
Intended harm blame is imprisoned it is not OK to be not compensated for. Criminal punishment does not represent those who fulfill civil compensation, cannot offset, still should assume civil responsibility, specific compensation amount should combine the circumstance that damages actually to decide.
2, intended harm blame compensates for a standard
1, each cost that treats pay because of go to a doctor and because of income of reductive of delay one's work, include medical treatment cost of cost, delay one's work, nurse the nutrient cost with accessorial cost, necessary food of cost, transportation expenses, accommodation cost, be in hospital.
2, because the victim hurts those who cause damage, because its increase the need on the life the essential charge of place defray and the income that because lose labor ability to guide,send loss, include assistor of disability compensation, deformity to have cost, be lived to expend by bring up life, and because rehabilitation nurses, continue to treat the necessary rehabilitation that happens actually cost, nurse cost, follow-up cure cost.
3, the victim dies, outside compensating for obligor to eliminate the relevant cost that ought to treat a circumstance to compensate for the 1st regulation according to rescue, still ought to compensate for funeral expenses, be dealt with by living cost of bring up person and victim relative the other and reasonable charge such as the traffic expenses of defray of mortuary matters concerned, accommodation cost and loss of delay one's work.
4, victim or the dead's close relative suffers spirit to damage, compensatory obligee requests to compensate for spirit to damage solatium to people court, applicable " top people court about determining blame of damages of civil tort spirit the explanation of a certain number of problems " confirm. But if make crime, brokenhearted loss is expended.
Legal basis:
" criminal law of People's Republic of China " of body of other of the 234th intended harm, 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 3 years of above 10 years the following set term of imprisonment; 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. This law has a regulation additionally, according to regulation
3, harm a blame intentionally standard of put on record
Want to make intended harm crime, ought to make the injury love that is harmed love appraisal, it is above of flesh wound, serious perhaps injury through appraisal, meeting put on record finds out ability criminal responsibility. Our country " criminal law " the 234th regulation, the behavior that damages other body illegally intentionally is intended harm blame. According to criminal law the 234th regulation, harm other body intentionally achieve legal flesh wound only, when the standard that weigh an injury, just make intended harm crime, give put on record.
