How to sentence minor injuries in the second degree, and how much compensation needs to be paid in court
In daily life, people inevitably have some arguments and conflicts, which sometimes even lead to physical injury. If the degree of injury reaches the second degree of minor injury, then a criminal offense is involved, and the relevant person needs to be held legally responsible. This article will discuss how to sentence minor injuries in the second degree and how much compensation is required to go to court.
1. Sentence for minor injuries of the second degree.
Minor injuries in the second degree refer to injuries that cause slight damage to a person's limbs or appearance, partial impairment of hearing, vision or other organ functions, or other injuries that are moderately harmful to personal health, including minor injuries of the first degree and minor injuries of the second degree. According to the Criminal Law of the People's Republic of China, whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. where serious injury is caused, the sentence is between three and ten years imprisonment; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
In the sentence of minor injuries in the second degree, the court will comprehensively consider factors such as the suspect's motives, behavior patterns, consequences, and the degree of harm to society, and sentence the suspect. When sentencing, the court will also take into account the defendant's admission of guilt, his expression of remorse, and whether he is actively compensating.
2. Compensation for minor injuries of the second degree.
As for the issue of compensation for minor injuries in the second degree, it mainly involves civil compensation. According to the provisions of the Civil Code of the People's Republic of China, if another person infringes on personal damage, he shall compensate for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the income reduced due to lost work. where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.
In the compensation for minor injuries in the second degree, the specific compensation amount needs to be calculated according to the actual situation. Generally, the amount of compensation includes medical expenses, nursing expenses, transportation expenses, lost work expenses, disability compensation, etc. Among them, medical expenses refer to the various expenses required, such as drug fees, surgery fees, examination fees, etc.; The cost of care refers to the cost incurred by the patient in needing the care of others during the ** period; The transportation expenses include the transportation expenses of the patient and his or her family during the ** period; Lost time pay is the loss of income due to injury and missed work; Disability benefits are the costs of compensation for disability caused by injury.
When calculating the amount of compensation, it needs to be calculated in accordance with relevant laws, regulations and standards. For example, the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates specific calculation methods. In addition, during the compensation process, disputes can also be resolved through mediation or negotiation to reach a mutually acceptable compensation agreement.
To sum up, both the sentencing and compensation for minor injuries in the second degree need to be analyzed on a case-by-case basis. In our daily lives, we should respect the rights and dignity of others and avoid disputes and conflicts that can cause unnecessary harm and loss. At the same time, if a physical injury occurs, you should seek medical treatment and legal assistance in time to protect your legitimate rights and interests.