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Zhongshan Anti-Counterfeiting Company, Trademark Infringement, Zhongshan Anti-Counterfeiting Lawyer
Zhongshan Anti-Counterfeiting Company, will you be charged with intentional injury if you watch by holding a knife during a fight?
According to the "Criminal Law", a joint intentional crime committed by two or more people is a joint crime. In a joint crime, although the status and role of each actor may be different, but under the control of the same criminal intention to infringe a specific object, as long as one of the actors completes the crime, each actor shall be responsible for the consequences of the crime. bear legal responsibility. Mr. Ma called for consultation
On the day, month, year, my friend Fan called me and said that there was a man named Mao who always bullied him, so he called me and two other friends to teach Mao a lesson. I agreed out of consideration. After tracking at the spot that night, we blocked Mao at the entrance of the village with sticks and machetes. Fan and others beat him with sticks. At that time, because I was afraid of killing anyone, I just yelled and cursed with a machete and did not say anything. Take action against Mao. He was later stopped by the police who came to patrol, and Mao was sent to the hospital for treatment. It was later determined that Mao had been hit on the head with a blunt instrument, causing serious injuries. We were all caught by the public security organs and heard that we would all be sentenced. Excuse me, I did not beat Mao, and the injury on Mao’s head was not caused by me. Will I be held criminally responsible?
Answer from Sun Le, Henan Yudu Law Firm
my country The Criminal Law stipulates that a joint intentional crime committed by two or more people is a joint crime. In a joint crime, although the status and role of each actor may be different, but under the control of the same criminal intention to infringe a specific object, as long as one of the actors completes the crime, each actor shall be responsible for the consequences of the crime. bear legal responsibility. In this case, you and Fan and others had a joint criminal intention to harm Mao. However, when Fan and others committed the crime of harming Mao, you were standing by with a machete, which objectively put the victim in a serious threat and isolation situation. In a helpless situation, he is unable to resist and does not dare to resist. He plays a helpful and auxiliary role in the harmful behavior directly committed by others. Therefore, his behavior should constitute an accomplice of the crime of intentional injury and should be investigated for criminal liability in accordance with the crime of intentional injury. However, since objectively you did not commit direct harm, your sentencing is different from those who do it directly, and the punishment will be appropriately mitigated.
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