Threshold of Injury Severity that Warrants Criminal Liability?

In today’s video, we will delve into the topic of severe injuries and the threshold that must be crossed for someone to be sentenced to jail in China.

In China, there is a well-known saying: “If you fight, the winner goes to jail and the loser goes to the hospital.” This statement holds significant truth within China’s legal system. The severity of injuries plays a crucial role in determining the legal consequences faced by individuals. The more severe the injury, the higher the likelihood of imprisonment. Let’s explore the different categories of injuries and their corresponding implications.

Injuries are classified into different categories based on their severity: very light wounds, light wounds (category 2 & 1), and heavy wounds (category 2 & 1). The duration of imprisonment depends on the seriousness of the injuries sustained.

For instance, a cracked rib falls under the category of a very light wound. Although it does not constitute a criminal offense, the assailant would still face punishment in the form of detention for up to 15 days. This penalty is considered an administrative measure and does not appear on a person’s police record. It is crucial to distinguish between administrative penalties and criminal offenses.

Having two broken ribs would be categorized as a light wound (category 2) injury. At this point, we officially enter the realm of criminal law, and the assailant may receive a sentence of 8 to 12 months for charges related to assault and battery. If the number of broken ribs increases to four or six, it becomes a light wound (category 1) injury, potentially resulting in a prison term of 1 to 2 years for the attacker.

Moving on, a severe injury categorized as a category 2 wound is considered extremely serious. An example of such an injury would be blindness or partial loss of sight. In this case, the assailant could face a sentence ranging from 4 to 7 years. However, the most severe type of injury is a severe injury categorized as a category 1 wound, which results in a vegetative state and complete loss of bodily functions. Perpetrators responsible for inflicting such injuries can be sentenced to 10 or more years of imprisonment.