Identification standard of human minor injuries (for Trial Implementation)
Chapter I General Principles
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.
Article 3 The determination of the degree of injury shall be based on the primary injury directly caused by external factors and its consequences, including the injury at the time of the injury, complications and sequelae caused by the injury, etc. , and comprehensive analysis and evaluation.
Article 4 An appraiser shall be a jurist or a person with judicial expertise; Can also be employed or entrusted to the judicial organs as the attending physician or above.
The appraiser has the right to know the case, consult the case files, medical records and on-site inspection, and the relevant units have the responsibility to cooperate.
The appraiser must adhere to the principle of seeking truth from facts, use scientific detection methods, keep the case secret and abide by relevant laws and regulations.
Chapter II Head and Neck Injury
Subfascial hematoma of the fifth cap
The area of scalp avulsion injury is 20 cm2 (children 10 cm2); The area of traumatic scalp defect is 65438±00 cm2 (5 cm2 for children).
Article 6 The cumulative length of sharp scalp injuries is 8 cm, and the cumulative length of children is 6 cm. The cumulative length of blunt injury is 6 cm, and that of children is 4 cm.
The seventh place is simple skull fracture.
Article 8 The head injury is diagnosed as a temporary disturbance of consciousness, and he is forgetful of recent events.
Article 9 Eye injuries
(a) eyelid injury affects the face or function;
(2) Simple orbital fracture;
(3) partial injury and dysfunction of lacrimal apparatus;
(four) part of the eyeball structure damage, affecting the face or function;
(5) Injury leads to vision loss, binocular corrected vision drops below 0.7 (more than 0.2 than before injury), and monocular corrected vision drops below 0.5 (more than 0.3 than before injury); The original monocular vision was low, and the vision decreased 1 level after injury.
Mild visual field defect;
(6) traumatic strabismus.
Tenth nasal trauma
(a) comminuted fracture of nasal bone, or linear fracture of nasal bone with obvious displacement;
(2) The nose injury obviously affects the appearance or function of the nose.
Eleventh ear injury
(a) auricle injury caused obvious deformation; One auricle defect is one ear 15%, or the cumulative auricle defect on both sides is one ear15%;
(2) Traumatic perforation of tympanic membrane;
(3) External auditory canal stenosis caused by external auditory canal injury;
(4) Hearing loss in one ear is 4 1 dB, and hearing loss in both ears is 30 dB.
Article 12 Oral injury
(a) Oral and lip injuries affect the face, pronunciation or eating;
(two) more than two teeth fall off or break;
(3) Oral tissues and organs are damaged, which affects the function of language, chewing or swallowing;
(4) Salivary gland injury with dysfunction.
Thirteenth zygomatic fracture or maxillary fracture; The mouth opening caused by temporomandibular joint injury (the distance between upper and lower incisors) is less than 3 cm.
Fourteenth facial soft tissue single wound length of 3.5 cm (3 cm for children), or wound cumulative length of 5 cm (4 cm for children) or maxillofacial penetration.
Fifteenth facial trauma has obvious scars, with a single length of 3 cm or a cumulative length of 4 cm; A single area of 2 square centimeters or a cumulative area of 3 square centimeters; The pigment affecting the face changes by 6 square centimeters.
Sixteenth facial nerve injury causes partial facial paralysis, which affects face and function.
Seventeenth neck soft tissue single wound length of 5 cm or cumulative wound length of 8 cm.
Does not meet the provisions of the preceding paragraph but has motor dysfunction.
Article 18 neck injury shows signs of suffocation.
Article 19 A neck injury hurts the thyroid gland, throat, trachea or esophagus.
Chapter III Limb Injury
Twentieth limb soft tissue contusion accounts for more than 6% of the total body surface area.
Twenty-first limb skin and subcutaneous tissue single wound length is 65438 00 cm (8 cm for children) or total wound length is 65438 05 cm (65438 02 cm for children); Injury to sensory nerves, blood vessels and tendons, affecting their functions.
Twenty-second traumatic skin defects need skin grafting.
Article 23 Hand injuries
(1) 1 phalanx comminuted fracture or 2 phalanx linear fracture;
(2) lack of half a knuckle;
(3) Mild contracture, deformity, limited joint movement or lateral instability after injury;
(four) scaphoid fracture, lunate dislocation or complete metacarpal fracture.
Article 24 foot injury
(1) phalangeal fracture;
(2) 1 toe joint loss;
(3) Fracture of both metatarsals; Fracture of tarsal bone, talus and calcaneus; Ankle fracture or dislocation of tarsometatarsal joint. Except for the avulsion fracture.
Twenty-fifth limbs long bone fracture; Epiphyseal fracture.
Twenty-sixth limb joint dislocation, partial tear of joint ligament, meniscus injury or scar contracture after limb soft tissue injury lead to joint dysfunction.
Chapter IV Trunk and Perineal Injury
Twenty-seventh trunk soft tissue contusion according to article twentieth.
Article 28 Trunk wounds shall be treated according to Article 21.
Twenty-ninth penetrating trunk injury did not hurt internal organs or important blood vessels and nerves.
Thirtieth chest trauma caused by pneumothorax, hemothorax or large area of simple subcutaneous emphysema, no breathing difficulties.
Article 31 the chest is squeezed and there are signs of suffocation.
Thirty-second scapula, clavicle or sternum fracture; Dislocation of sternoclavicular joint or acromioclavicular joint.
Article 33 Fracture of ribs (except simple linear fracture of ribs).
Thirty-fourth female breast injury leads to obvious deformation or partial loss of one breast; Injury of mammary duct in one breast.
Thirty-fifth closed abdominal injury is diagnosed as contusion of stomach, intestine, liver, spleen or pancreas.
Thirty-sixth traumatic hematuria (erythrocyte microscopic examination >; 10/ high power field) for more than two weeks.
Thirty-seventh perineal soft tissue contusion reached 65438 00 square centimeters (children's discretion) or hematoma can not be completely absorbed within two weeks.
Article 38 Dysuria caused by penis contusion; Partial defect and deformity of penis; Scrotal avulsion, scrotal hematoma and hydrocele; Dislocation, torsion or atrophy of one testis.
Thirty-ninth perineum, scrotum wound length 2 cm; The length of penis wound is 1 cm.
Fortieth traumatic anal fissure, anal fistula or anal canal stenosis.
Article 41 Vaginal laceration, uterus or accessory injury.
Forty-second pregnant women will inevitably have an abortion due to injury.
Forty-third traumatic spinal fracture or dislocation; Traumatic disc herniation; Trauma affects spinal cord function and can be recovered in a short time.
Article 44 Pelvic fracture.
Chapter V Other Injuries
Article 45 Burns and scalds
(a) burns occupy body surface area.
More than 5% (3% for children) shallow second degree;
More than 2% of the second degree (1% for children);
The third degree is above 0. 1%.
(2) The head, hands and perineum are burned for more than two degrees, which affects the appearance, appearance or activity function.
(3) Burn and scald of respiratory tract.
Forty-sixth frostbite according to the relevant provisions of this standard.
Article 47 Electrical burns are accompanied by disturbance of consciousness or general convulsions.
Article 48 Foreign bodies caused by trauma remain in deep soft tissues.
Forty-ninth kinds of injuries and bleeding before shock symptoms and signs.
Fiftieth multi-site soft tissue contusion shall be compared with twentieth.
Fifty-first multiple soft tissue trauma, mutatis mutandis, twenty-first.
Fifty-second other physical, chemical and biological injuries, resulting in slight damage to human tissues and organs or partial dysfunction, shall be implemented by referring to the relevant provisions of this standard.
Chapter VI Supplementary Provisions
Article 53 All kinds of injuries that fail to meet this standard cannot be simply accumulated as minor injuries. If there are three kinds of damage close to this standard, it can be comprehensively evaluated according to the specific situation.
Article 54 All data marked "above" or "below" in this standard include this number.
Article 55 This standard is applicable to the judicial expertise that endangers the health of others as stipulated in the Criminal Law of People's Republic of China (PRC).
Minor injuries require detention and conviction, while minor injuries only require punishment.