Injury identification and sentencing standards

Legal analysis:

According to the laws of our country, it can be divided into serious injury, minor injury and minor injury. If minor injuries do not constitute a criminal offence, they shall be punished for public security, detained for more than five days and less than ten days, and fined for more than 200 yuan and less than 500 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan. Those who are slightly injured or above constitute a criminal offence or intentional injury 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.

Legal basis:

Identification standard of human injury degree

Serious injury

Disability, disfigurement, loss of hearing, loss of vision, loss of other organ functions or other injuries that have great harm to personal health, including first-degree and second-degree serious injuries.

slight wound

Damage to limbs or appearance, dysfunction of hearing, vision or other organs, or other injuries with moderate damage to personal health, including minor injuries of Grade I and II.

Minor physical injury

Primary injury caused by various injury factors, resulting in slight damage to tissues and organs or slight dysfunction.

Criminal law of the people's Republic of China

Article 234

Whoever intentionally harms another person's body 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.

Forty-third "People's Republic of China (PRC) Public Security Management Punishment Law"

Beating others, or intentionally hurting others' bodies, shall be detained for more than five days and less than ten days, and a fine of more than 200 yuan and less than 500 yuan shall be imposed; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan. Under any of the following circumstances, he shall be detained for not less than 10 days but not more than 15 days, and shall be fined not less than 500 yuan but not more than 1,000 yuan: (1) beating or injuring others in a gang; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 60; (3) Beating or injuring others for many times or beating or injuring more than one person at a time.