Was it a minor injury or a serious injury?

It is a serious injury and is suspected of intentional injury, and should bear criminal responsibility. When deciding the punishment for criminals, it should be based on the facts, nature and circumstances of the crime and the degree of harm to society. Generally, they will be sentenced to fixed-term imprisonment of more than three years and less than ten years. If the circumstances are especially serious, causing death or serious injury and serious disability, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. The crime of intentional injury is intentional subjectively, that is, the actor knows that his behavior will cause harm to the health of others, and hopes or lets this result 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.

A, minor injuries secondary appraisal standards are as follows:

1, the cumulative length of scalp wound or scar is more than 8.0 cm.

2, scalp avulsion injury area accumulated more than 20.0 square centimeters; The total area of scalp defect is greater than 10.0 cm2.

3. The area of hematoma under the cap aponeurosis is more than 50.0 square centimeters.

4. skull fracture.

5. Traumatic subarachnoid hemorrhage.

6. Brain nerve injury causes corresponding neurological dysfunction.

Second, how to judge the lack of evidence of minor injuries?

1. The public security organ may settle the case through mediation. The public security organ shall, after filing the case for investigation, issue a report on the end of the investigation and serve it on both parties, and both parties may conduct persuasion and education. On the premise of both parties' willingness, both parties can write an application for mediation to the public security organ, and on this basis, the public security organ can organize mediation to close the case. This will help to stabilize the mood of both sides and resolve conflicts in time;

2. The victim filed a private prosecution. For ordinary minor injury cases with clear basic facts and sufficient basic evidence, if the public security organ cannot persuade both parties to mediate voluntarily for a while, the public security organ shall inform the victim to file a criminal incidental civil lawsuit with the people's court. After investigation, the public security organ thinks that the evidence of injury is still insufficient, or it is difficult to find out, or it is not considered a crime, it shall inform the victim to bring a civil lawsuit to the people's court and demand the other party to bear civil liability;

3. Implement "limited public prosecution" for special cases. That is to say, for minor injury cases that meet the above general conditions of public prosecution, the case is complex, the social impact or harm is great, and the public security organs have taken compulsory measures against the defendant and can be sentenced to punishment, the public security organs should transfer the cases to the procuratorial organs as soon as possible for public prosecution according to law.

Legal basis:

Identification standard of human minor injuries

Article 1 In order to provide a basis for minor injury identification, this standard is formulated according to the relevant provisions of the Criminal Law of People's Republic of China (PRC), based on the theory and technology of medicine and forensic medicine, and combined with the practical experience of judicial identification.

Article 2 A minor injury refers to a certain degree of damage or partial dysfunction of tissues and organ structures caused by various external factors such as physical, chemical and biological factors, but it does not constitute a serious injury and is not a minor injury.