Cixi lawyer Cixi criminal lawyer: Interpreting law 195 by case, beating his wife into criminal case

Cixi criminal lawyer Chen Liang, today introduced the case of interpreting law 195 and beating his wife into criminal case. The crime of intentional injury is different from the crime of aggression caused by the general family [violent] force. Unless the circumstances are serious, the family [violence] generally does not bear criminal responsibility, and the crime of intentional injury, as long as the intentional and illegal damage to the health of others reaches a certain level, it must bear criminal responsibility.

Case interpretation of law 195, beating wife into criminal case

Today I introduce the case of interpreting law 195 and beating his wife into prison. The crime of intentional injury is different from the crime of aggression caused by the general family [violent] force. Unless the circumstances are serious, the family [violence] generally does not bear criminal responsibility, and the crime of intentional injury, as long as the intentional and illegal damage to the health of others reaches a certain level, it must bear criminal responsibility.

One. Brief facts of the case

In October last year, Ye Mou and his wife Li took a friend's car to a lighting square after drinking, the two people on the car had a dispute over trivial matters, after the car arrived at the lighting square, as soon as they got out of the car, Ye beat Li and bit Li's face, back and other places with his teeth. After appraisal, Li Mou suffered multiple soft tissue contusions and four rib fractures throughout his body due to trauma, and the degree of injury was minor injury of the second degree.

After trial, the court held that Ye deliberately injured the body of another person and caused minor injuries to others of the second degree, and his conduct had constituted the crime of intentional injury. In view of the fact that he voluntarily surrendered and truthfully confessed his crime, there were mitigating circumstances; however, it was found that he had been sentenced for the crime of picking quarrels and provoking trouble, which was a repeat offender within five years, and there were aggravating circumstances, so he was sentenced to one year and six months in prison.

Two. Warning of the case

In this case, the husband beat his wife and was convicted of intentional injury. The crime of intentional injury is different from the crime of aggression caused by the general family [violent] force. Unless the circumstances are serious, the family [violence] generally does not bear criminal responsibility, and the crime of intentional injury, as long as the intentional and illegal damage to the health of others reaches a certain level, it must bear criminal responsibility.

At the same time, the manifestation of family [violence] power is not only in the physical [violent] force, but also includes emotional [violent] force, sexual [violent] force, economic [violent] force (control) and so on.

Three. Relevant laws

1. The Criminal Law stipulates that whoever intentionally injures another person's body shall be sentenced to imprisonment for a term of not more than three years, criminal detention or public surveillance.

2. The SPC sets out the starting points for sentencing for the crime of intentional injury as follows:

(1) Where intentional injury causes minor injury to a person, the starting point for sentencing may be determined within the range of imprisonment or criminal detention of less than two years.

(2) Where intentional injury causes serious injury to a person, the starting point for sentencing may be determined within the range of three to five years of imprisonment.

(3) Where a person is seriously injured by a particularly cruel means and causes a serious disability of the sixth degree, the starting point for sentencing may be determined within the range of 10 to 13 years of imprisonment. Except where a sentence of no [term] or more shall be imposed in accordance with law.

(4) For repeat offenders, increase the base sentence by 10%-40%, generally not less than 3 months.