China News Service, Beijing, June 21 (Reporter Yuan Xiuyue) On the 21st, the Hebei Provincial Public Security Department reported the progress of the investigation of the Tangshan beating incident and the latest situation of the girl who was beaten.
The report stated that the injuries of the victims Wang Moumou and Liu Moumou were minor (secondary) injuries, and the injuries of Yuan Mou and Li were minor injuries.
In addition, the public security organs also found other clues to illegal crimes during the investigation process.
The truth is revealed step by step, and people's questions continue - what is the sentencing standard for minor injuries and minor injuries?
What is the difference between intentional harm and provocation?
How will other criminal clues affect sentencing?
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How are minor injuries (level 2) and minor injuries determined?
Judging from the previous surveillance video, several victims were violently beaten, and the injuries looked very serious. Why are there only minor injuries (secondary) and minor injuries in the notification?
In this regard, Jiangning Public Security Online (Jiangning Branch of Nanjing Public Security Bureau) issued a document saying that the "injury" in the field of forensic identification may be completely different from the "severe injury" and "minor injury" in the minds of ordinary people. a concept.
Generally speaking, it can be considered as "minor injuries are not minor, serious injuries are very serious".
The standard for forensic identification of injuries is the "Standards for the Identification of the Degree of Human Injury".
Among them, serious and minor injuries are further subdivided into first-level and second-level.
Therefore, in fact, from severe to mild, the injuries are divided into five grades: serious injury level I, serious injury level II, minor injury level I, minor injury level II, and minor injury.
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What are the sentencing standards for minor and minor injuries?
So in general, how are minor injuries and minor injuries sentenced?
Guo Kai, a full-time criminal defense lawyer at Beijing Jingshi (Tianjin) Law Firm, told a reporter from Chinanews.com that there is no one-to-one correspondence between the injuries and the results of sentencing.
One is that different crimes are involved, and the corresponding sentencing results are not the same.
For example, if the crime involved is the crime of intentional injury, then causing a minor injury (level 2) or above to one person constitutes a crime and should be punished by criminal punishment before the issue of sentencing is involved.
If only minor injuries are caused, even if the number of people is large, it does not constitute a crime and can only be punished by public security.
If the crime involved is the crime of picking quarrels and provoking trouble, then causing a minor injury (level 2) or above to one person also constitutes a crime.
Although only minor injuries are caused, it is also a crime if more than 2 people are injured.
"The boundary between the crime of intentional injury and the non-crime is generally determined according to the degree of injury of the victim, and a minor injury or above constitutes a crime. Those who cause minor injury shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; In general, administrative detention, fines, etc. will be punished according to the Public Security Administration Punishment Law. However, according to media reports on the beating incident in Tangshan, the beating person’s behavior may still constitute the crime of picking quarrels and provoking trouble. Minor injuries do not constitute the crime of intentional injury, but there are It may constitute the crime of picking quarrels and provoking trouble." Zhang Zhonghui, a lawyer from Beijing Xinnuo Law Firm, told a reporter from Chinanews.com.
In addition, Guo Kai also added that there are many factors considered in sentencing, not only the injury factor, such as whether it is an accomplice, whether there is a surrender, meritorious circumstance, whether there is compensation for losses, obtaining an understanding, etc.
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How does injury affect sentencing?
In the police report, the "Tangshan Beating Case" was described as "picking quarrels, provoking trouble and violently beating others." In this case, how does the victim's injury affect the sentencing?
Zhang Zhonghui said that for the crime of picking quarrels and provoking trouble, the sentencing is generally fixed-term imprisonment of not more than five years, criminal detention or public surveillance; those who gather others to commit acts of picking quarrels and provoking trouble many times and seriously disrupt social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and may also be fined .
Whoever commits the act of picking quarrels and provoking trouble while meeting the constituent elements of the crime of picking quarrels and provoking trouble and the crime of intentional injury shall be convicted and punished according to the crime with heavier punishment.
Specifically, Guo Kai analyzed that in this case, 2 people suffered minor injuries and 2 people suffered minor injuries. According to the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in Handling Criminal Cases of Picking Quarrel and Provoking Trouble", the persons involved constituted the The crime of picking quarrels and provoking trouble.
If the procuratorate and the court approve the characterization of the case by the public security organ, i.e., the sentencing shall be based on the crime of picking quarrels and provoking trouble, according to the "Implementation Rules of the Higher People's Court of Hebei Province "Guiding Opinions on Sentencing for Common Crimes", without considering other sentencing circumstances. , in the case of only considering the injury, causing one person with minor injuries, corresponding to 1 year, 6 months to 3 years in prison, an increase of one person for minor injuries and a second level of imprisonment, an increase of 6 months to 1 year in prison, an increase of one person for minor injuries, an increase of 3 to 6 months in prison.
"Therefore, if only the injury is considered, and only one charge of "picking quarrels and provoking trouble" is considered, the prison term of the person involved is 2 years, 6 months and 5 years." Guo Kai said that from the current report, it is still unclear. The persons involved have committed more than three cases of picking quarrels and provoking trouble, and the maximum sentence for the crime of picking quarrels and provoking trouble may not exceed five years.
Of course, for each different person involved in the case, the sentencing should be carried out separately according to their respective circumstances.
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How will other criminal clues affect sentencing?
Judging from the contents of the report, the persons involved may also be suspected of illegal detention, concealment of criminal proceeds, casino opening, money laundering and other crimes.
How will these criminal clues affect sentencing?
Guo Kai said that if these clues can be verified, the court will finally decide that the persons involved in the case also constitute these crimes, and the relevant persons involved will be punished for several crimes together with the case.
Judging from the report, the persons involved have not yet been characterized as members of underworld organizations or evil forces, which also requires the verification process of the criminal clues and the internal organization of the persons involved in the case.
An Xiang, director of Beijing Dexiang Law Firm, also believes that if you pay close attention to the content involved in the notification, you will find that when these people are subsequently prosecuted, other crimes will be investigated together.
It is a high probability event to be punished for several crimes.
The final conviction and sentencing for them is likely not to be limited to this wounding incident, but also to be held accountable for their guilt over the past few years, and the final punishment is likely to be very severe.
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