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Detention for fighting is administrative detention, and there is generally no case record. Only criminal detention will leave a criminal record.
The 4,000 yuan I paid should not be returned.
There are several possible reasons for paying money in detention:
1. Fines for administrative sanctions.
2. Compensation for the injured.
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Generally speaking, it is necessary to come back. If it's a bad character, don't think about it.
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First of all, do you know what the 4,000 yuan is for?
If it's the cost of the injured, you don't want to come back.
If the police station fines you, the police should give you a receipt, and you won't have to come back.
If the police station detains you, you should also be issued a seizure slip, and you can get it back. As long as the money comes from the right source.
If you send money to someone else to release you, why do you want this?
Addendum: Then I understand, 4000 in addition to the 500 fine, the rest is the cost of the injured **, in fact, you can not pay this money, but if you pay it and want to come back, it is difficult, because the injured can give you a receipt in the hospital, you can't help it. If there are acquaintances in the police station, you go to see if you can get it back, if not, it is estimated that the money will not be returned, the key is that you can't give so much at first, you have to ask what kind of money is given, and if it is a fine, you will have to receive a receipt, in fact, the police station has no right to ask you to compensate the other party for how much medical expenses.
Of course, now you can also go to the police station to ask for it, or to report it to the higher authorities, but this is a bit difficult, if you really need the money, you can try, you may get it back, but it may also be very difficult and very laborious.
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If you are administratively detained for fighting, you will not be left with a criminal record. However, if the act of fighting has already violated the criminal law, and the perpetrator is convicted and punished by the court, then the criminal record will be left. Specifically, if the circumstances are relatively minor, the perpetrator only needs to accept the administrative punishment of administrative detention.
Although the perpetrator has been administratively punished, and the public security organs will also keep a record of the violation, this record is not open to anyone at will, but can only be consulted. However, in the case of criminal detention, unless the perpetrator is acquitted, the perpetrator will generally leave a criminal record. In other words, after being criminally detained for a fight, the perpetrator may have a criminal record.
Only the acquitted perpetrator will not leave a criminal record.
Law of the People's Republic of China on Public Security Administration Punishments
Article 43: Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
In any of the following circumstances, a fine of between 500 and 1,000 yuan shall be imposed
1) Gang up to beat or injure others;
2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;
3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
Criminal Law of the People's Republic of China
Article 234: Intentional injury.
Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where there are other provisions in this Law, follow those provisions.
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It depends. Bucket group.
If the fight results in a slight injury to the victim, and the perpetrator actively sells the cherry blossoms to make compensation, he does not need to go to jail, but will be punished by public security. Barricades.
If a fight results in minor or serious injuries, the person concerned needs to be held criminally responsible and needs to go to jail.
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There are two types of detention for fighting, one is administrative detention and the other is criminal detention. The period of administrative detention is generally 5 to 15 days, and administrative detention is not a crime and will not leave a criminal record, but the record of administrative detention can be found in the public security administration department of the public security organ. After criminal detention, if the court makes a judgment at a later stage, it does constitute a crime, and there will be a case record.
Article 82 of the Criminal Procedure Law stipulates that a public security organ may detain an active offender or a major suspect in advance under any of the following circumstances: (1) he or she is preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime; (2) The victim or a person who witnessed it at the scene identified him as having committed the crime; (3) Evidence of a crime is found in their surroundings or residence; (4) Attempting suicide, escaping, or being at large after committing a crime; (5) There is a possibility of destroying or fabricating evidence of amusement or collusion of testimony; (6) Not telling their true name or address, and their identity is unclear;
Article 9 of the Law on Public Security Administration Punishments provides that if the circumstances are relatively minor, the public security organs may mediate and deal with violations of the administration of public security such as fights or damage to other people's property caused by civil disputes. Where the public security organs mediate and the parties reach an agreement, punishment is not to be given. Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.
Shouting and pointing.
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It needs to be discussed on a case-by-case basis. If the closure constitutes a criminal offense, a criminal record will be retained. If it does not constitute a criminal offense and constitutes a violation of the law in the administration of public security, there will be no criminal record, and only a record of administrative violations will be left.
If the dispute arises from a civil dispute between the parties and is reconciled through mediation by the administrative organ, but if the perpetrator intentionally assaults another person or intentionally harms the body of another person, it constitutes a violation of public security administration and will be administratively detained for less than 15 days.
[Legal basis].
Criminal Procedure Law of the People's Republic of China Article 86: Public security organs shall interrogate detained persons within 24 hours of their detention. When it is found that detention should not be done, the person must be released immediately and a certificate of release must be issued.
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