[Case Summary]This case is a criminal defense case of intentional injury. The suspect, L*, had a dispute with his neighbor, Y*, over the construction of a house. During the dispute, L* pried open a wooden board, causing Y* to fall and sustain injuries that were later determined to be a first-degree light injury. At the time of the incident, L* had not compensated the victim or obtained his/her forgiveness. Consequently, Beijing Henglu Law Firm handled the case on his behalf.Liu LiqiangThe lawyer insisted on pleading not guilty, claiming that the facts were unclear, the evidence was insufficient, and L * had no intent to harm or commit acts of harm. After the case was returned for supplementary investigation twice, the procuratorate concluded that the facts were unclear, the evidence was insufficient, and the case did not meet the conditions for prosecution, ultimately deciding not to prosecute L *. The core controversy is whether the result of light injuries in the absence of physical contact can be inferred to indicate intentional harm. Legal basis: Article 2, Item 7 of the "Guiding Opinions on Handling Light Injury Cases in Accordance with the Law".

I. Review of the case

A dispute arose over house construction in a neighborhood, and the other party suffered minor injuries. The most pressing concerns for the parties involved include: "Can I not be prosecuted if I don't compensate for a first-degree minor injury?", "How to defend against intentional injury in a neighborhood dispute?", "Will I be sentenced to prison if I don't obtain a letter of understanding?", and "Defense strategies for first-degree minor injury cases by Beijing criminal lawyers". According to the indictment submitted by a branch of the Beijing Municipal Public Security Bureau: In November 2022, in a certain district of Beijing, L某 and Y某 had a dispute over house construction. L某 broke into Y某's home to pry off wooden boards during construction, and Y某 was pushed down the stairs and injured while trying to stop him. The injuries were identified as a first-degree minor injury. In January 2023, L某 was criminally detained, but his arrest was not approved and he was released on bail pending trial in the same month. In January 2024, he was placed under bail supervision by the procuratorate.

During the review and prosecution stage, L*'s family hired Beijing Henglu Law Firm to represent them.Liu LiqiangThe lawyer's defense. The particularity of this case is that the defendant has never compensated the victim or obtained their forgiveness, making the defense significantly more challenging than in ordinary cases of minor injuries.

II. The focus of the case

  • Focus 1: Does L * have the subjective intent to cause harm?There was no verbal argument or physical contact between the two parties. The purpose of L* was to stop the construction, so it's hard to determine whether he had the intention to cause harm.
  • Focus Two: Whether L * committed an act of intentional injury.The victim climbed onto the platform from behind L*, and there was no physical conflict or direct contact between the two, nor any active aggressive behavior.
  • Focus 3: Can the results of minor injuries be used to infer intentional injury?The evidence should be reviewed comprehensively to avoid the tendency of judging a case solely based on the outcome and assuming that whoever gets hurt is in the right.

III. The professional intervention of Hengluo Law Firm

The party involved (the suspect) claimed that:L某 deliberately obstructed the construction, with no intention of causing harm. After the incident, he repeatedly expressed his apologies and offered to compensate, but the negotiations failed due to the other party's excessive demands for compensation.

The position of the prosecution (the investigating authority):The investigation organ transferred the case to the procuratorial organ on suspicion of intentional injury, and determined the facts of the crime based on the injury level of light injury.

Legal Opinion by Hengluo Law Firm:Liu LiqiangThe lawyer carefully reviewed the case file and listened to L's statement. He/She concluded that the facts of the case were unclear and the evidence was insufficient, and recommended not to prosecute according to the law.

  • L某没有受伤Subjective intentThe purpose is just to stop the construction. They used iron pipes to pry up the wooden boards, and there was no argument or physical contact between the two sides
  • L某 did not commit the crime.Intentional acts of harmThere was no physical conflict between the two sides. Even if there was physical contact, it was just an accident
  • This caseThere is insufficient evidence and the facts are unclearIt is not possible to infer intentional injury directly from the result of minor injuries; the video shows that the victim might have slipped and lost his balance, resulting in his fall
  • There are illegal circumstances in the appraisal of injuries: the appraisal time violates regulations, the appraisal basis is insufficient, and the medical termination conditions have not been met. It should not be used as a basis for conviction
  • To put it another way, even if L* is found guilty, he/she still has mitigating circumstances; the failure to reach a settlement or understanding does not affect the decision to not prosecute in accordance with the law

IV. Outcome of the case

The procuratorate returned the case for supplementary investigation for the second time, and still believed that the public security organ had correctly identified L * as guilty of intentional injuryThe facts are unclear, the evidence is insufficient, and the case does not meet the prosecution requirementsI have decided to take disciplinary action against L*.Not to prosecuteIn this case, the prosecution achieved success without any compensation or obtaining the defendant's understanding. The defendant was not prosecuted and did not have a criminal record, which demonstrated the prosecution's attitude of "not compromising on justice and upholding fairness and justice" in handling cases.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent. In cases of minor injuries, we should avoid the result-oriented viewpoint of "whoever gets hurt is in the right". When encountering cases of minor injuries caused by neighborhood disputes, it is recommended to promptly entrust a professional lawyer to identify subjective intent and objective behavior, review the legality of the injury appraisal, and safeguard the client's freedom in accordance with the law.

VI. Common Questions About Cases of Intentional Injury FAQ

  1. Q:Can I not be prosecuted if I have a minor injury at level 1 but no compensation and no agreement to reconcile with the victim?
    A:Yes. If the facts are unclear, the evidence is insufficient, or the case does not meet the conditions for prosecution, even if there has been no compensation or reconciliation, the procuratorate should make a decision not to prosecute in accordance with the law.
  2. Q:When it comes to neighborhood disputes, if the other party suffers a first-degree minor injury, will they definitely be sentenced to prison?
    A:Not necessarily. It is necessary to examine whether there is intent to harm and actual harm. If there is no physical contact and insufficient evidence, efforts can be made to avoid prosecution.
  3. Q:Can the illegal conduct in the appraisal of injuries be used as a basis for conviction?
    A:If the appraisal violates time requirements, lacks sufficient evidence, or fails to meet the medical termination conditions, the defense attorney may argue that the appraisal is not objective or scientific and should not be used as a basis for making a judgment.
  4. Q:Is it the case that in minor injury cases, "the one who gets hurt is always in the right"?
    A:No. The "Guiding Opinions on Handling Light Injury Cases Lawfully and Appropriately" issued by the Supreme People's Procuratorate and the Ministry of Public Security explicitly opposes the "result-oriented" approach and emphasizes the need to comprehensively review all factual evidence.
  5. Q:What should I do if I don't have a letter of apology after being detained criminally?
    A:A lawyer can be entrusted to provide a defense of innocence or a mitigated sentence based on the evidence and the application of the law. However, reaching an understanding with the victim is not the only prerequisite for non-prosecution.