Whoever causes minor injuries shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. If the other party actively compensates and obtains the victim's understanding, it may be sentenced to probation.
1, on the issue of criminal responsibility.
Article 234 of the Criminal Law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; 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. Where there are other provisions in this Law, such provisions shall prevail.
2. On the issue of civil compensation.
You can ask the other party to compensate for medical expenses, lost time, nutrition expenses, nursing expenses, property losses, etc. If the injured person is identified as disabled, it is also necessary to compensate for disability compensation. The amount of expenses can refer to the following standards.
(1) medical expenses. Medical expenses are determined according to the hospital diagnosis certificate and regular medical invoices. Including registration fee, examination fee, operation fee, medical fee, hospitalization fee, plastic surgery fee and follow-up treatment fee;
(2) Nutrition fee. The amount of nutrition fee is determined according to the diagnosis certificate of nutrition demand and related expense certificate issued by the doctor. Refers to the cost of auxiliary treatment of physical diseases or purchase of nutrients other than daily diet in order to make the body recover as soon as possible.
(3) lost time and nursing expenses. The lost time fee and nursing fee are determined according to the lost time fee and income of the victim or nursing staff. If there is a fixed income, the lost time fee shall be calculated according to the actual reduced income. If there is no fixed income, it shall be calculated according to its average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year. When you claim that you have lost time, it is enough to show proof of income.
(4) Transportation and accommodation expenses. The transportation expenses are calculated according to the actual transportation expenses incurred by you and the necessary accompanying personnel for medical treatment, accompanying or transferring to hospital for treatment; Accommodation is paid according to the actual accommodation expenses of you and your entourage; Hospitalization food subsidies should be calculated according to actual expenses or local actual living standards;
(5) Disability compensation. Disability compensation is calculated according to the disability level determined by judicial appraisal, the living expenses or income standard of the victim's domicile or actual residence. According to the local per capita disposable income of urban residents or the per capita net income of rural residents in the previous year, it is calculated for 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years;
(6) Disability AIDS. The cost of assistive devices for disabilities is calculated according to the reasonable cost standard of common applicable devices;
(7) Property loss. Property loss is limited to the actual property loss you have suffered, including the maintenance cost and depreciation cost of the goods, and limited to the actual value of the damaged goods. Invoice, contract, receipt, etc. Proof of the purchased goods should be provided to prove the value of the damaged goods. If the value cannot be determined, it may apply for appraisal and be determined according to the appraisal conclusion.