1. What is the sentencing standard for minor intentional injury?
1, intentional injury to minors under the age of 14 is not criminally responsible;
2. Minors under the age of fourteen and eighteen who intentionally harm others shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance;
3. Whoever causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;
4. 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.
Second, what are the main contents of the constitutive elements of intentional injury crime?
1, object element
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.
2. Objective factors
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. Third, how to judge intentional injury to minors?
1. Whoever commits the crime of intentional injury shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime of intentional injury and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years.
2. Whoever intentionally harms another person's body by particularly cruel means, causing death or serious disability, shall be sentenced to fixed-term imprisonment of not less than 10, life imprisonment or death.
Legal basis:
Criminal law of the people's Republic of China
Article 17
A person who has reached the age of 16 commits a crime and shall bear criminal responsibility.
A person who has reached the age of 14 but is under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion or throwing dangerous substances, and shall bear criminal responsibility.
If a person who has reached the age of 12 but under the age of 14 commits the crime of intentional homicide or intentional injury, causing death or serious disability by particularly cruel means, if the circumstances are bad, he shall be prosecuted with the approval of the Supreme People's Procuratorate, and shall bear criminal responsibility.
If a person under the age of 18 is investigated for criminal responsibility in accordance with the provisions of the preceding three paragraphs, his punishment shall be given a lighter or mitigated punishment.
If a person is not given criminal punishment because he is under the age of sixteen, his parents or other guardians shall be ordered to discipline him; When necessary, carry out special corrective education according to law.