a couple in inner mongolia got into a conflict after drinking, and one of them used a knife and a bottle of wine to injure the other in multiple places...
2024-09-21
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this article is transferred from [qingcheng media ping an capital];
on the morning of september 12, the chenbarhu banner people's court held an open trial of a criminal case of intentional injury caused by marital and family disputes and emotional entanglements, and invited staff from the women's federation and community workers to visit the trial.
01
basic facts
defendant a and victim b were husband and wife. on a certain day in 2024, the two had a dispute after drinking. under the catalysis of alcohol, the two had a physical conflict. the defendant used a knife and a bottle to cause multiple injuries to victim b. that night, victim b was sent to the hospital for treatment. after identification, victim b's injuries constituted two second-degree minor injuries.
02
judge's opinion
intentional injury refers to the act of intentionally and illegally depriving others of their right to health. it is a crime that infringes on citizens' personal and democratic rights.
article 234 of the criminal law of the people's republic of my country stipulates that whoever intentionally injures another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. if the crime in the preceding paragraph causes serious injury to another person, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; if he causes death to another person or causes serious injury to another person by particularly cruel means, resulting in serious disability, he shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death. if otherwise provided in this law, the provisions shall prevail.
the crime of intentional injury is a crime of conduct. as long as the perpetrator commits an act of injury, the crime is constituted. since the right to life is the most basic and important right among citizens' personal rights, no matter what degree of injury the victim actually suffers, no matter what stage the injury behavior is in, such as preparation, attempt, or suspension of an intentional crime, it constitutes a crime and should be filed for prosecution.
03
warning education
in family life, especially between husband and wife, friction is inevitable. the important thing is to be good at communication and properly resolve conflicts. when conflicts arise, you can choose to calm yourself down or talk to relatives and friends in time to relieve your inner distress. if you are subjected to verbal violence or domestic violence for a long time, you can seek help from local grassroots organizations or the women's federation, or even solve the problem through legal means.
do not act impulsively and choose to fight violence with violence, otherwise, you will be tried for suspected crimes like the defendants in this case. the law is ruthless, and no matter whether the victim is at fault or not, any act that arbitrarily deprives others of their right to health or life will be punished by law.
by attending the hearing of typical cases, the staff of the women's federation and the community experienced an "immersive" popularization of law. in the practice of observation, they learned and applied, integrated knowledge and practice, and used things around them to educate people around them, achieving the best effect of "explaining the law through cases". the audience listened carefully and intuitively felt the integration and unity of legal principles and emotional reason, and felt the manifestation of the people-centered concept in judicial trial activities, which played a good role in promoting the rule of law.
after the trial, staff from the women's federation and the community said that they would apply the legal knowledge they had learned to their work and life, better participate in mediating marriage and family conflicts and disputes, and at the same time guide those around them to learn to use the rule of law thinking to seek solutions and use legal weapons to safeguard their legitimate rights and interests.
source: chenbarhu banner people's court
