Intentional injury defense statement, every citizen should know the law and abide by the law. The following is the intentional injury defense statement I brought, welcome to read!

Intentional injury defense statement 1

Prosecutor: Chen Wen

The defendant in the criminal incidental civil lawsuit committed a crime of intentionally injuring the victim. Please see the defense for the crime of intentional injury.

The injuries to his head and face constituted the precipitating factors of his death?

I don’t know how to sentence someone for intentional injury.

As can be seen from the above, criminal charges are accompanied by civil indictments.

Death of acute heart failure occurred. It was identified that Lin Xue was suffering from rheumatic heart disease and secondary chronic congestive heart failure. The forensic identification machine entrusted by Huix County Public Security Bureau identified the victim Lin Xue The injury of

Although the Huix County Hospital tried its best to rescue him, he died (the body has been refrigerated in the county funeral home since September 30, 20**).

How to sentence the crime of intentional injury.

According to the "Forensic Human Body Injury Degree Appraisal Certificate" issued by the Huix County Public Security Bureau on October 8, 20**, Gong (Hui) Jian (Yi) Zi [2011] No. 158, in fact, intentional injury crime.

The victim’s condition deteriorated rapidly at around 20:00 on the evening of September 26, which is the standard for filing a crime of intentional injury.

The victim’s family was temporarily unable to raise sufficient medical expenses, so he was hospitalized in the provincial hospital twice from September to September 14, 20** and from September 23 to 24, following the doctor’s orders from the county hospital. , outpatient treatment.

Listen to compensation for intentional injury.

Since the defendant in the criminal lawsuit attached to the crime refused to pay the medical expenses, how to sentence the crime of intentional injury.

Dear presiding judge and judge

In view of the fact that the victim had a heart disease and was immediately sent to Huix County Hospital for treatment, the standard for filing a crime of intentional injury was set.

As a result, his head and face were injured, including his right eye. The defendant in the criminal incidental civil lawsuit beat the victim Lin Xuex after verbally insulting him. The corpse refrigeration fee was 60 yuan/day? 151 days = 9060 yuan).

I heard that there is a crime of intentional injury.

At about 21:00 on the evening of September 5, 20**, the living expenses of dependents were 4053.47 yuan/year?(18-13))?2 4053.47 yuan/year?(18-14)?2= .615 yuan, lives in Houbao Village, Chenqin Village, Tux Town, Huix County.

He was detained at the Huix County Detention Center on suspicion of intentional injury.

I heard about civil affairs.

Facts and reasons:

3. According to the law, the defendant in the criminal incidental civil lawsuit is ordered to compensate the above-mentioned plaintiff in solace dollars for the mental loss caused by Lin Xuex’s death.

The criminal offense is accompanied by a civil indictment.

2. According to the law, the criminal and civil defendants are ordered to compensate the above-mentioned plaintiff for the total economic losses caused by the death of the victim Lin Xuex. =697.8 yuan, nursing fee 58 yuan/day?20 days=1160 yuan, transportation fee 1250 yuan, hospital food subsidy 15 yuan/day?8 days=120 yuan, death compensation 5467.08/year?20 years=.6 yuan , Funeral Feiyuan, farmer, Han nationality, 61 years old, indictment.

Female, the father of the plaintiff.

1. Investigate the criminal incidental civil defendant against the victim Lin in accordance with the law. Xue x’s criminal liability for intentional injury.

Factual defense

Requesting the Huix County People’s Court: Look at the defense for intentional injury.

Reply to the crime of intentional injury.

Litigation request

Civil defendants attached to criminal offenses: How to sentence the crime of intentional injury.

Chen Yux, crime of injury.

Student, you see intentional harm.

Han nationality, I heard that the defense statement for the crime of intentional injury.

Born on June 21, 1995, male, with the same address as above.

Legal representative:

Criminal defense for the crime of intentional injury, attached to the civil indictment

Attached.

Chen Wenx, student, Han nationality, born on June 10, 1994, female, supports the above incidental civil litigation claim.

The plaintiff of criminal incidental civil litigation: Chen Zhix (son of the victim Lin Xuex), the criminal liability of the defendant in the criminal incidental civil lawsuit shall be investigated in accordance with the law. According to the relevant laws, regulations and judicial interpretations of our country, criminal incidental civil litigation The plaintiff in the lawsuit specifically appealed to the People's Court that the defendant in the criminal incidental civil lawsuit intentionally injured the victim and caused great material and mental losses to the plaintiff in the criminal incidental civil lawsuit.

For this reason, the criminal incidental civil plaintiff: Chen Jingx (daughter of the victim Lin Xuex), supports the above incidental civil litigation request.

Huix County People's Court

Intentional injury defense statement 2

Respondent: xx, male, born on March 28, 2018 in Yongding District, Zhangjiajie City, Tujia, junior high school education, unemployed, lives in No. 26, Group 1, Maoping Village, Nanzhuangping Office, Yongding District.

Because the respondent Lei appealed Lei’s case of intentional injury with criminal incident, the defense was as follows:

First instance, the facts determined in the first instance judgment were clear, the evidence was indeed sufficient, and the application of the law was correct. The verdict is correct.

The first-instance judgment found that the respondent Lei intentionally harmed the bodies of others, causing one person to be slightly injured and another person to be slightly injured. His behavior constituted the crime of intentional injury.

Respondent Peng Changxx accused respondent Lei of committing intentional injury and was found guilty.

The court of first instance ruled that the respondent Lei was guilty of intentional injury in accordance with Article 234, Paragraph 1, of the Criminal Law of the People's Republic of China and was sentenced to one year and six months in prison. Determination of the facts It is clear, the evidence is indeed sufficient, the law is applied correctly, and the judgment is correct.

The facts ascertained in the first-instance judgment are: On the afternoon of January 30, 2019, Wu hired a driver to drag sand with a hand tractor to renovate the kitchen. When he passed by the "Lotus Hunan Restaurant" opened by Mei, Worried that the driver's tractor would damage the vehicle parked on the roadside in front of the restaurant, Wu did not dare to reverse the vehicle, so Wu asked Xiang and the customer to move the vehicle. After an argument, a fight broke out. After Lei rushed to the scene, he injured xx's left hand with a wrench. Knocked Sheng to the ground. As soon as Hou Sheng got up from the ground, he was hit on the head with a wrench by Lei. After identification, Peng Changxx suffered a comminuted fracture of the olecranon of the left ulna. The degree of injury was minor and classified as a ninth-level disability. , Wu’s head injury was minor.

The following evidence proves that it was Lei who injured xx and Sheng. The evidence can form a complete chain of evidence, and the only conclusion drawn based on it is that the defendant was the defendant at the time of the crime. Lei used a fire wrench to injure me and Sheng:

(1) Witness Bin’s witness statement on April 28, xxx0, that he heard the sound of a quarrel, came out of the store, and saw Boss Guo’s son hit Sheng’s head with a fire wrench and then fucked his hand.

(2) The witness testified on April 28, 2008, that he saw the son of the proprietress who worked at the airport fire brigade coming over with a fire wrench and hit Sheng on the head with the wrench. Sheng's brother came to persuade him, but the boss's son hit him again. Sheng's brother blocked his hand and hit him on the hand.

(3) Witness testimony on April 27, 2009, that he saw Boss Guo’s son holding a wrench and first injured xx’s hand, and then saw him use the wrench to injure Sheng Sheng. .

(4) The witness’s testimony on April 28, 2009, was that he saw Lei holding a large red fire wrench and hitting Sheng on the head at the scene that afternoon. , xx was beaten until she squatted on the ground after using her hand to block it.

(5) Even in the witness statement P3 given by the witness on January 30, xxx0, which was not accepted by the court because of illegal procedures: I saw a young man in his 20s, taking a The iron tool broke the head of a local middle-aged man. ?And in the witness statement P3 of Witness Jiu on June 30, 2009: ?xx and Sheng were both injured by the boss’s son, Lai, with a fire hydrant. ?In the witness statement P1 of the witness soldier on June 30, 2007: ?It was Lao Guo's son who injured Sheng and xx. ?The witness statement in the witness statement P3 of Witness Chun on June 30, 2007: ?At this time, Boss Guo’s son Lei rushed over from outside, holding a big wrench in his hand? Lei pointed the wrench at Peng He hit Chang XX on the head? Lei then hit Sheng again. ?These witness statements that were not accepted by the court because of illegal procedures also confirmed that the respondent Lei was at the scene at the time of the incident and injured me and Sheng with a fire wrench.

2. The respondent claimed that he had been on duty at the airport on the day of the incident, which was seriously inconsistent with the facts.

The respondent claimed that he had been on duty at the airport on the day of the crime and had never set foot on the scene of the crime and knew nothing about the situation at the time.

However, no other evidence was provided to prove that he was on duty at the airport at the time of the incident. The respondent’s defense alone is not enough to establish the case.

And it is also seriously inconsistent with the facts.

3. Respondent Guo Lei claimed in the appeal that four or five gangsters called by Ting to fight in the society injured Sheng and I, which is seriously inconsistent with the facts.

If it was a gangster who injured Sheng and I in a fight at that time, the "Interrogation Record" made by the Nanzhuangping Police Station and the "Interrogation Record" made by our side should contain these few facts. The appearance of individuals, but the above "Interrogation Transcript" does not contain a description of the relevant personnel, but uniformly points to the fact that the respondent Guo Lei injured me and Sheng with a fire wrench at the time of the incident.

Only relying on the "Interrogation Transcript" prepared by the respondent Lei is not enough to conclude that it was the four or five gangsters brought by Ting Ming who were fighting in society who injured Sheng and I. It is also seriously inconsistent with the facts.

Fourth, the respondent Guo Lei claimed in the appeal that all witnesses in this case had certain special relationships with the parties, which was also seriously inconsistent with the facts.

In the witness statement of witness Bin that we submitted to the court on April 28, xxx0, Bin made it very clear that I have no relationship with either party. I am from Yiyang doing business here. I feel This is a bit unfair, just tell it as it is. ?The witness's testimony was that he was born on April 28, 2009, and stated that he was from Yongshun. His brother opened a restaurant in front of Hehua Airport. He had been here for more than ten years and knew some of the local people. Wu and xx were very close. The two honest people felt that the police station was unfair in handling this matter and bullying the honest people.

Witness Shun Yu also stated in his witness statement on April 28, 2009 that he was from Daping. In 2006, he went to work at the Hehua Airport Expansion Headquarters and got to know the local people through going back and forth, but it was just that he was from Daping. We know each other, it doesn't matter. This matter is really a trivial matter. Just give up the car and it will be gone. However, the boss's family is too dominant and insists on hurting people, which makes people feel unfair.

The above witnesses all felt that this matter was unfair to Sheng and I. They truthfully described the facts with an ordinary person’s sense of justice and had no special relationship with Sheng and me.

5. The respondent claimed that the evidence collection in this case was not strong enough, and there were different problems with the integrity, rigor and credibility of the evidence.

However, based on the existing evidence in this case, a complete chain of evidence can be formed, and the only conclusion drawn from this is that the respondent Lei injured me and Peng Wusheng with a fire wrench at the time of the incident.

6. The respondent’s request to the court to order the appellee to compensate the appellant for various losses of RMB 80,000 has no legal or factual basis.

In this case, it was Sheng and I who were physically injured, and the respondent was the injuring party. There is no legal or factual basis for asking the court to order us to compensate the respondent for various losses of 80,000 yuan. .

Sincerely

Zhangjiajie Intermediate People’s Court

Respondent: xx

November 07, xxx1

Intentional injury defense statement 3

Respondent Li Moujie (defendant), male, Han nationality, born on March 18, 1995, lives at No. 0008, Aiqun Shanggao Village, Yangjiao Town, Maogang District, Maoming City, now He is detained at Maoming City No. 1 Detention Center.

Respondent Li Yawen (defendant), male, Han nationality, born on December 28, 1965, lives at No. 0008, Aiqun Shanggao Village, Yangjiao Town, Maogang District, Maoming City. He is the father of respondent Li Moujie.

Respondent Zhou Yayou (defendant), female, Han nationality, born on October 3, 1966, lives at No. 0008, Aiqun Shanggao Village, Yangjiao Town, Maogang District, Maoming City. She is the mother of respondent Li Moujie .

The respondent (plaintiff) Huang Qingqiao, male, Han nationality, born on June 11, 1966, lives at No. 12, Shiwangtiantang Village, Yangjiao Town, Maogang District, Maoming City.

The respondent has received the criminal complaint with civil indictment. In order to set the record straight, the respondent now puts forward the following defense opinions:

1. The respondent’s liability for damage If there is also a major fault, according to the provisions of Article 26 of the Tort Liability Law, the respondent's liability for compensation can be reduced.

If the respondent is also at fault for the occurrence of the damage, it would be unfair to allow the respondent to bear all liability for compensation.

Therefore, Article 26 of the Tort Liability Law stipulates: If the infringed party is also at fault for the occurrence of the damage, the liability of the tortfeasor can be reduced.

?According to the facts, the respondent made the following major faults in this case:

1. The respondent teased the respondent’s classmates Huang Yunling, Deng Ziqin and others at the cultural square; After being dissuaded by the respondent and others and failing to succeed, he took advantage of the strength of the crowd and insulted the respondent. He also made harsh words and threatened that if the respondent and others did not leave quickly, he would have someone chop them with a knife. This is It is one of the faults of the respondent.

2. The respondent called more than 20 people to come to the Cultural Square with knives to look for the respondent and others. He intended to commit murder and intentionally hurt the respondent and others. This was the second fault of the respondent.

It can also be seen from the facts of this case that the respondent did not participate in the beating of the respondent and was an accessory. In terms of internal liability sharing, it should be based on Article 14 of the Tort Liability Law. The size of the liability determines the corresponding amount of compensation, and the tort liability is secondary to that of other co-defendants.

2. The respondent’s request for compensation of 45,104.58 yuan from the respondent has no factual basis and should not be supported by law.

1. The respondent’s claim that the degree of injury he suffered reached level 9 disability has no factual basis and should not be supported by the law.

(1) The Forensic Human Body Injury Degree Appraisal Certificate No. 20111146 issued by the Forensic Appraisal Center of Maonan Branch of Maoming Public Security Bureau refers to the "Labor Ability Appraisal- According to Paragraph B1 i) Level 9 3) of "Levels of Disability Levels of Employee Work-related Injuries and Occupational Diseases", it is an error in the applicable standard to determine that the respondent has a level 9 disability.

Paragraph 1.2 of the "Standards for Appraisal of Human Injury and Disability Degrees of the Supreme People's Court (Trial)" clearly stipulates: This standard is applicable to the appraisal of the degree of human injury and disability involved in the trial of criminal, civil and administrative cases by the People's Court. , which belongs to the identification of the degree of disability caused by work and occupational diseases and road traffic accidents, and this standard does not apply.

?Therefore, the signing agency should conduct disability appraisals in accordance with the standards of the "Supreme People's Court Human Injury and Disability Degree Appraisal Standards (Trial)" and should not conduct disability appraisals based on the "Labor Capacity Appraisal - Employee Work-related Injury and Occupational Disease Disability Grades".

(2) The (Maonan) Company (Company) Jian (Fahuo) No. 20111146 Forensic Human Injury Degree Certificate issued by the Forensic Appraisal Center of the Maonan Branch of the Maoming Municipal Public Security Bureau does not include the following information: The physician's professional qualification certificate of the doctor who made the appraisal is an uncertain fact.

In summary, it can be seen from the above two points that the (Maonan) Company (Company) Jian (Fahuo) No. 20111146 Forensic Human Injury Degree Certificate issued by the Forensic Appraisal Center of Maonan Branch of Maoming City Public Security Bureau The signed opinion that the respondent constitutes a ninth-level disability is wrong.

2. The respondent’s request for compensation of RMB 660 for medicinal receipts has no factual basis and should not be supported by law.

The respondent only provided a product sales list to prove that it had spent this fee, but the list did not have the signatures of the relevant consignor, reviewer, signer, payee, or even which store it was signed by. The list issued by the company is not clearly stated, let alone stamped with the official seal of the legal person of the sales unit. Therefore, the list is not legal and authentic and cannot be used as evidence.

3. The respondent’s request for compensation of 1,260 yuan in nursing fees has no factual basis and should not be supported by law.

(1) The respondent has not lost the ability to take care of himself, such as eating, turning over, urinating, dressing, washing, and moving around.

(2) The above expenses occurred during the respondent’s hospitalization. The hospital has arranged for nurses to provide care for the respondent. This expense has been included in the scope of medical expenses and should not be separately listed as nursing expenses.

(3) On the premise that the treating hospital does not recommend sending another nursing staff to care for the respondent, it is not necessary for the respondent’s relatives to provide care for the respondent in person or by hiring nursing staff. The related nursing expenses incurred shall be borne by the respondent itself.

(4) Even if care is needed, in the absence of clear opinions from relevant agencies, two nursing staff provided care for the respondent in this case, which violates the "Supreme People's Court's Regulations on the Trial of Personal Injury Compensation Cases" Paragraph 2 of Article 21 of the Interpretation of Several Issues on Applicable Laws states that in principle, the number of nursing staff should be one person, but if the medical institution or appraisal institution has a clear opinion, the number of nursing staff may be determined by reference.

4. The respondent requested that the respondent compensate 1,350 yuan for hospitalization food subsidy, which has no factual basis and should not be supported by law.

Hospitalization food subsidy means that after the victim suffers a personal injury, the food expenses incurred during treatment in the hospital exceed the usual food expenses at home, and the injurer shall compensate the reasonable excess. cost.

(1) In this case, the respondent must provide evidence to prove the reasonableness of the food expenses during his hospitalization exceeding the usual food expenses at home and the excess.

(2) Even if hospitalization food subsidy needs to be paid, according to the nature of hospitalization food subsidy, only the respondent can rely on the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" The provisions of paragraph 1 of Article 23 require the respondent to compensate for hospitalization food subsidy.

(3) In other words, the accompanying person is not the target of the hospitalization food subsidy, because if the accompanying person is needed, the nursing fee will naturally include the accompanying person’s living expenses; if the accompanying person is not needed, the accompanying person will The living expenses shall be borne by the respondent itself.

5. The respondent’s request for compensation of 3,000 yuan for nutritional expenses has no factual basis and should not be supported by law.

(1) Article 17 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" clearly stipulates that the compensation obligor shall only compensate the victim for necessary nutritional expenses, which means The amount of compensation for nutritional expenses should be appropriate, and the person obligated to compensate is not obliged to compensate the victim for nutritional expenses that are not necessary.

(2) Article 24 of 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: Nutritional expenses are determined based on the victim's disability with reference to the opinions of the medical institution.

According to the content of the diagnosis certificate in this case, the medical institution only recommended that the respondent take a rest and seek out the clinic in a timely manner, and did not issue any opinions on whether or how much nutrition the respondent needed to supplement.

Therefore, the respondent’s request for compensation of 3,000 yuan for nutritional expenses is groundless in law.

6. The respondent’s request for compensation of 200 yuan for transportation expenses has no factual basis and should not be supported by law.

Article 22 of 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: "Transportation expenses shall be supported by official bills." ?However, the respondent in this case did not provide any formal receipts to prove that he or the relevant accompanying persons paid transportation expenses for medical treatment. Therefore, the respondent requested the respondent to compensate the transportation expenses of 200 yuan, which is groundless in law.

7. The respondent requested the respondent to pay 31,561 yuan in disability compensation, which has no factual basis and the court should reduce it as appropriate.

(1) The Forensic Human Body Injury Degree Appraisal Certificate No. 20111146 issued by the Forensic Appraisal Center of Maonan Branch of Maoming Public Security Bureau is considered to be defended The conclusion that the person constituted a ninth-degree disability was wrong. Whether the respondent suffered injuries that reached a ninth-degree disability is an uncertain fact.

(2) "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 in paragraph 2 of Article 25: The victim is disabled due to injury but his actual income has not been reduced. , the disability compensation can be adjusted accordingly.

?As a junior high school student, the plaintiff has no income at all. Even if he has income, it comes from his family. Therefore, even if he partially loses his working ability, the loss of this part of his working ability will affect his actual income. However, it did not have any impact, so the people's court should reduce the amount of disability compensation as appropriate.

8. For subsequent medical expenses, it is recommended to wait until the expenses are actually incurred to sue separately.

(1) The diagnosis certificate does not certify the requirement for follow-up medical treatment, so the cost is not necessarily incurred.

(2) Even if the above expenses are incurred, they are not necessarily 30,000 yuan.

Therefore, it is recommended that subsequent medical expenses be sued separately after they are actually incurred, in order to reduce the subjective element in them.

In summary, the respondent was also significantly at fault for the occurrence of the damage. The amount of compensation that the respondent should bear should be reduced as appropriate in accordance with the principle of offsetting faults.

The respondent’s request for compensation of 45,104.58 yuan has no factual basis and should not be supported by law.

It is recommended that the People’s Court adopt the above opinions in accordance with the law and make a fair judgment.

Sincerely

Maonan District People’s Court

Respondent: Li Moujie

November 2011