2010年10月16日 星期六

Chapter 23 Offenses of Causing Injury

Chapter 23 Offenses of Causing Injury

Article 277
A person who causes injury to another shall be punished with fixed-term imprisonment for not more than three years, short-term imprisonment, or a fine of not more than one thousand yuan.
If death results from the commission of an offense specified in the preceding paragraph, the offender shall be punished with life imprisonment or fixed-term imprisonment for not less than seven years; if aggravated injury results, the offender shall be punished with fixed-term imprisonment for not less than three years but not more than ten years.

Article 278
A person who causes aggravated injury to another shall be punished with fixed-term imprisonment for not less than five years but not more than twelve years.
If death results from the commission of an offense specified in the preceding paragraph, the offender shall be punished with life imprisonment or fixed-term imprisonment for not less than seven years.
An attempt to commit an offense specified in paragraph 1 is punishable.

Article 279
A person who acted in the heat of passion caused by legally sufficient provocation thereupon commits an offense specified in one of the two preceding articles shall be punished with fixed-term imprisonment for not more than two years, short-term imprisonment, or a fine of not more than one thousand yuan; if death results from the commission of such an offense, he shall be punished with fixed-term imprisonment for not more than five years.

Article 280
A person who commits an offense specified in Article 277 or 278 against his lineal blood ascendant shall be subject to the punishment prescribed for such an offense by increasing it up to one half.

Article 281
A person who commits an act of assault or battery against his lineal blood ascendant without causing him an injury shall be punished with fixed-term imprisonment for not more than one year, short-term imprisonment, or a fine of not more than five hundred yuan.

Article 282
A person who solicits or aids another to cause aggravated injury to himself or who causes aggravated injury to another upon his request or with his consent shall be punished with fixed-term imprisonment for not less than three years; if death results from the commission of such offense, he shall be punished for fixed-term imprisonment for not less than six months but not more than five years.

Article 283
A person not acting in proper self-defense who participates in an affray which results in death or aggravated injury shall be punished with fixed-term imprisonment for not more than three years; a person who actually causes such injury shall be punished in accordance with the provisions of articles relating to offenses of causing injury.

Article 284
A person who negligently causes injury to another shall be punished with fixed-term imprisonment for not more than six months, short-term imprisonment, or a fine of not more than five hundred yuan; if aggravated injury results, he shall be punished with fixed-term imprisonment for not more than one year, short-term imprisonment, or a fine of not more than five hundred yuan.
A person in the performance of his occupation causes injury to another by neglecting the degree of care required by such occupation shall be punished with fixed-term imprisonment for not more than one year, short-term imprisonment or a fine of not more than one thousand yuan; if aggravated injury results, he shall be punished with fixed-term imprisonment for not more than one year, short-term imprisonment, or a fine of not more than two thousand yuan.

Article 285
A person who knows that he has a venereal disease or leprosy conceals such a fact to commit an obscene act or have sexual intercourse with another and causes such other to be infected shall be punished with fixed-term imprisonment for not more than one year, short-term imprisonment, or a fine of not more than five hundred yuan.

Article 286
A person who maltreats a male or female who is under the age of sixteen or who by other means impairs the natural development of the body of such a male or female shall be punished with fixed-term imprisonment for not more than five years, short-term imprisonment, or a fine of not more than five hundred yuan.
A person who for purpose of gain commits an offense specified in the preceding paragraph shall be punished with fixed-term imprisonment for not less than five years; in addition thereto, a fine of not more than one thousand yuan may be imposed.

Article 287
Prosecution for an offense specified in paragraph 1 of Article 277, Article 281, 284, or 285 may be instituted only upon complaint except the offense specified in paragraph 1 of Article 277 committed by a public official.

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