About the problems caused by the fight. Non legal professionals are not allowed to enter. Thank you

According to you, your actions are justified (but if you pick up a stick and hit your head hard, etc., it is excessive defense, and excessive defense is not only civil liability but also criminal liability).

The abuser must prove that there is a direct causal link between the crack in his spine and your striking behavior. Otherwise, his claims will not be supported.

Justifiable self-defense is not subject to criminal and civil liability, as provided for in the Criminal Code and the General Principles of Civil Law.

The police station's statement is inherently wrong, and they can be ignored.

If the attacker files a civil lawsuit, you can defend yourself that your actions were justified.

If the police arrest you on suspicion of intentional injury and the prosecutor's office initiates an indictment (which is unlikely), you can still defend yourself in self-defense.

The crack in the spine is very serious, it is impossible to attack it after 3 days, he reported it after 3 days, you can seize this point, and then let him go to another authoritative hospital for examination.

What should I do in this case? Can it be justified or excessive?

Judging from the conditions you provide, both parties should be responsible, and it should be an ordinary fight and brawl, if it is counted in the lawsuit, well. A few suggestions for you.

1. The police put all the responsibility on you, and they will not say this in court without sufficient evidence, if you insist on saying so, you can ask the police to provide all the evidence at the scene (for example, when you hit him, he did not fight back, and beat you until he was injured), if you can't provide it or the evidence is insufficient, the court will not.

2 When he apologizes to you, it is best if a colleague or friend is present, and their words can be used as witness testimony.

3. On the issue of prescribing drugs in the hospital, you can explain to the judge his malicious medical treatment, such as just a small injury and put some Yunnan Baiyao or other trauma medicine or something, but he wants to import the medicine--- which depends on the judge's mood, if you are happy, you may believe you, if you are not happy, it is difficult to say).

4 are all in a unit, look up and don't look down, or take harmony as the precious, negotiate with your colleagues, go to a meal and play ball or something together, maybe you can resolve the conflict and avoid unnecessary trouble.

First of all, after the public security organ accepts the case, the first thing to do should be to conduct an injury examination, that is, the forensic doctor will evaluate the injury. Confirm whether the other party is injured; After confirmation, both parties can be processed. The police station said that it didn't matter who did it first.

It doesn't matter what the situation is. It's not unreasonable to just look at the last injury, because it also involves the problem of excessive defense. This matter between the two of you does not involve legitimate defense or excessive defense, but simply put, it should be mutual Europe.

However, if the other party is indeed slightly injured, and whether it is you who injured him, it depends on the results of the investigation by the public security organs. If it is determined that you caused it, then you will bear the corresponding legal responsibility. But because he did the inspection three days later, this is only one of the doubts, and how the case is carried out depends on the local police station.

Whether it is a bone crack or not, it is necessary to see a doctor for identification.

In addition, even if it is a bone crack, whether it can constitute a minor injury depends on the evaluation results, which is the most important thing.

Do you have other witnesses during the fight, and can you get them to testify for you? These are your chances to defend yourself.

Fights and brawls are a common problem in our daily life, and the reason for fights and brawls may be just a moment of youthful vigor and vigor, talking about "righteousness in the rivers and lakes", but in this act, they have been hurt by each other, and the punishment is indeed very complicated, which constitutes a public security violation at least and a violation of the criminal law at worst. The penalties for fighting include that if the injury is minor, you will not face criminal penalties; If you cause minor injuries, you could face up to three years in prison, detention, or public surveillance. Minor injuries:

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. If the injury is more than minor, it may also be suspected of 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.

where serious injury is caused, the sentence is between three and ten years imprisonment; Anyone who causes death or seriously injures a person by particularly cruel means and causes serious disability will face fixed-term imprisonment of not less than 10 years, life imprisonment or even the death penalty. Legal basis: Article 43 of the "Public Security Administration Punishment Law of the People's Republic of China" Whoever assaults another person, or intentionally injures the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined between 200 and 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

Fights and brawls may be a violation of the administration of public security, and may also be suspected of a criminal offense.

The relevant laws and regulations provide the Law of the People's Republic of China on Public Security Administration Punishments

Article 26: Those who commit any of the following conduct are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB

1) Gang fighting;

2) Chasing or intercepting others;

3) Forcibly taking or arbitrarily destroying or occupying public or private property;

4) Other acts of picking quarrels and provoking trouble.

Article 292 of the Criminal Law of the People's Republic of China: Where a crowd is assembled to fight, the ringleaders and others who actively participate are sentenced to up to three years imprisonment, short-term detention or controlled release; In any of the following circumstances, the ringleaders and others who actively participate are to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years:

1) Gathering crowds to fight multiple times;

2) Gathering a crowd to brawl with a large number of people, a large scale, and a vile social impact;

3) Gathering crowds to fight in public places or on major traffic arteries, causing serious disruption of social order;

4) Armed crowds to fight.

Where a crowd is assembled to fight, causing serious injury or death, it is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.

According to Article 43 of the "Public Security Administration Punishment Law of the People's Republic of China": Whoever assaults another person, or intentionally harms the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. Basis for fines.

According to Article 22 of the Law on Penalties for Public Security Administration, the retrospective period for violations of public security administration is 6 months, and if the public security organs do not find out, they will not be prosecuted. However, sometimes there are exceptions, if the public security organs have discovered the violation within six months from the date of occurrence and have filed a case, they will be investigated for legal responsibility for life. Basis for Accountability.

In addition, according to the principle of prohibiting repeated prosecutions, that is, the principle of "no res judicata", if the public security organs have already imposed corresponding public security penalties on the relevant personnel, then they should not be pursued again. I don't know if one of them has committed something else...

The extent of the injury is not necessarily superficial and should be determined by the medical examiner's report. The police station will definitely arrest people, because there are still people involved in everyone, your brother is 4 people, 2 have been arrested, and 2 more will let him get away with it? ?

This is a criminal case, and it is all the result of the supply of accomplices.

Legal Analysis: Fighting refers to a fierce confrontation and mutual harm that people act in real life beyond the constraints of reason. It is a general term for people who harm each other in their daily lives.

The two sides of the fight can be one person each, or two or more people. Judging from the nature of the act, fighting is not only an act that endangers society, but also a violation of the law. Once a fight occurs, it will bring damage to certain social relations or social order, and bring certain legal consequences.

Legal basis: Law of the People's Republic of China on Public Security Administration Punishments Article 9: Where violations of the administration of public security such as fights or damage to other people's property caused by civil disputes are relatively minor, the public security organs may mediate and handle them. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.

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.

Legal Analysis: The laws governing fights and brawls mainly include the Public Security Administration Punishment Law and the Criminal Law.

Legal basis: Article 234, Paragraph 1 of the Criminal Law of the People's Republic of China Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, 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 this Law provides otherwise, follow those provisions.

1. The issue of the responsibility of the beater. If it constitutes a minor injury, it is suspected of the crime of intentional injury, and criminal responsibility shall be pursued, and a sentence of up to three years imprisonment, controlled release, or short-term detention may be given; If the injury is not minor enough, it can only be punished by public security, administrative detention or fine.

2. Economic compensation. ** Expenses, lost work expenses, and transportation expenses should be compensated. At the same time, damaged mobile phones can also be compensated.

1. The beater is liable for intentional injury based on the victim's minor injuries.

You can attach a claim for civil damages to a criminal proceeding...

2. Dropping a mobile phone is a crime of intentional destruction of property. . . You can file a civil lawsuit together to claim compensation according to the price.

The beater may bear civil liability and criminal liability.

Criminal responsibility: Because the injured party did not meet the standard of minor injury, it is at most a public security punishment or public security detention, listening to the description of the landlord, it should not be to the extent of detention.

Civil liability: refers to civil compensation, that is, once the fact of the fight is confirmed, the perpetrator can be required to compensate for all the losses suffered due to the fight, but there are two contents here, one is personal injury compensation (medical, transportation, lost work and other expenses caused by the fight); Property damage is the loss of your phone, but you'll need to get out the ticket you paid for it.

Who are they? If it is determined that the crime has already been carried out, and it has constituted intentional injury causing serious injury, and the subject of the crime is a person who is at least 14 years old, and where the evidence has been conclusive, the public security organs will file a case for investigation in accordance with law, and the procuratorate will also approve the arrest.

The maximum period of criminal detention stipulated by law is 37 days, so I don't know what the landlord said about the detention of 3 months. Three months ago, according to common sense, he should have been arrested. If the detention is extended, you can appeal or report to the public security organs, or hire a lawyer.

It's hard to draw conclusions about this. According to your introduction, it should be said that it is not easy for the procuratorate to approve the arrest.

According to the laws of our country, the maximum detention cannot exceed 37 days, and your brother has been detained for 3 months? That should have been arrested. As for the question of whether your brother participated in the fight, it depends on the confession of the co-defendant, how many people now say that your brother beat people?

And how to find out? Also, is the person your brother hitting the one who was seriously injured? The location of the blow and so on are all related to the question of whether he was arrested and whether he was convicted and sentenced.

Criminal detention may not exceed 37 days, and it may now be in the stage of review for prosecution, perhaps in the stage of trial.

3 months in detention? That must have been the approval of the arrest. This is because criminal detention may not exceed a maximum of 37 days, and when an arrest is granted, it enters the period of detention.

The person you call in by your friend is not necessarily detained for 15 days after being caught.

15 days is the maximum period of detention for violations of the Public Security Administration Punishment Law, unless the offender is "punished for several crimes".

Your friend has civil liability to compensate the injured person for medical expenses, but not criminal liability.

Because the injuries of the other two were identified as minor, the person who injured the person was not criminally liable – minor injuries may be criminally responsible, and serious injuries must be criminally responsible.

1. Definitely, the people who called should be punished by public security, generally detained.

2. The other party shall be compensated for the medical expenses. If no compensation is paid, the other party can file a civil lawsuit. If your friend refuses to enforce it, the other party can apply for enforcement.

3. If it is only a minor injury, there is no need to bear criminal responsibility, as long as you squat for 15 days and detain and then compensate for medical expenses.

Minor injuries do not constitute a criminal offense, and as for the issue of administrative detention, if it was not carried out at that time, it will generally not be settled later.

If the other person is caught and detained, it is certain, and if the other party is not compensated after coming out, the other party can file a lawsuit in the form of a civil lawsuit.

Minor injuries do not constitute criminal law, they are not so serious, and they can be dealt with as they should be. In the case of civil disputes for medical expense compensation, even if you sue the court, the two words, "no money". Summary, it's okay!

is not the principal offender but is an accessory, the accomplice will be sentenced to a lighter sentence, and the accomplice is also very light (if the four of them are willing to bear the same responsibility, then it is another matter), the heavier one is to lose more money and bear more responsibility, and the lighter one is less and bear less responsibility, and the principal offender will bear more responsibility money. If your friend is the one who didn't take the steel pipe or an accomplice, the most is to lose some money and educate at most, whether it is closed or not, whether it is closed for a few days, I don't know (after all, I don't know much about this matter). If the accomplice is a steel pipe, regardless of severity, the sentence is the same.

If it is awarded by the court and you do not compensate, the court will enforce it, unless no one can be found, then it is another matter.