First, how to sentence someone with a knife?
Deliberately chopping people with a knife is suspected of intentional injury. The crime of intentional injury refers to the act of intentionally and illegally damaging the health of others.
Article 234 of the Criminal Law of People's Republic of China (PRC) * * * intentionally hurts another person's body, and 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.
Second, what are the constitutive elements of the crime of intentional injury?
(A) the object elements
The object of this crime is the body right of others. The so-called body right refers to the personality right of natural persons, and its content is to maintain the integrity of their limbs, organs and other tissues.
It should be noted that this crime violates the body rights of others. Therefore, intentionally hurting your body is generally not considered a crime. Self-mutilation can only constitute a crime if it violates the relevant criminal law norms in order to harm social interests. For example, a serviceman who injures himself in wartime and evades performing military service obligations shall be investigated for criminal responsibility in accordance with the provisions of Article 434 of this Law.
(b) objective factors
This crime is objectively manifested as an act of illegally damaging others' bodies.
1, there must be behavior that harms others' health.
There are two ways to endanger the health of others: positive inaction and negative inaction. The former is like punching and kicking, cutting and shooting with a knife, beating stones with sticks, boiling water and scalding. The latter, such as the nanny who is responsible for protecting young children, is irresponsible. Seeing a child stabbing himself with a knife, he still ignores it, and as a result, the child will stab himself blind, which can constitute this crime. It can be carried out by oneself, by minors, mental patients and other people, and by domestic animals such as poisonous snakes and German shepherd dogs. It can not only damage the appearance of the human body, but also damage the internal tissues and organs and hinder its normal functional activities. In short, whether it is directly or indirectly carried out by myself, no matter which part it is aimed at and what way it is taken, as long as it can intentionally cause personal health harm to others, it can constitute this crime.
2. It must be illegal to harm others' health.
3, damage to the body of others must cause a certain degree of personal injury to others, in order to constitute this crime.
If it is just general punching, kicking, pulling and tearing, and there is no harmful result, it cannot be punished as this crime. But in terms of the severity of the result, there are three forms, namely, minor injury, serious injury or death. If there is no injury above minor injury, if it does not reach the injury level or reaches the level, it is a minor injury, so it cannot be punished as this crime.
The so-called minor injury refers to a certain degree of damage or partial dysfunction of tissues and organ structures caused by physical, chemical, biological and other external factors, which does not constitute a serious injury but does not belong to a minor injury. Identification should be based on the primary damage directly caused by external factors and its consequences, including the injury at the time of injury, complications and sequelae caused by injury, etc.
The so-called serious injury refers to physical disability or disfigurement, loss of hearing, vision or other organ functions, and other injuries that have great harm to personal health.
(3) Main elements
The subject of this crime is the general subject. Any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. Among them, natural persons who have reached the age of 14 weeks to 16 years shall bear the criminal responsibility of intentional injury causing serious injury or death.
(4) Subjective factors
Subjectively, this crime is intentional. That is, the actor knows that his behavior will cause harm to the health of others, and hopes or lets this happen. In general, the actor may not have a clear understanding and pursuit of the extent to which his injury behavior can cause harm to the victim in advance. No matter how much the result is, it is within subjective intention. Therefore, it is generally possible to determine whether it is intentional minor injury or intentional serious injury according to the actual injury results. The crime of intentional minor injury still has the problem of attempted crime. However, if the intention of serious injury is obvious, such as an attempt to severely disfigure, and the behavior that has been carried out fails due to reasons other than will, even if no actual injury is caused, it should be convicted and sentenced for the crime of intentional serious injury (attempted).
Through my introduction, you can know that if you chop someone with a knife, it is an illegal act that harms others' health and is suspected of intentional injury. According to the law, you will be sentenced. I hope you can understand.