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Look for your description, it should be above a minor injury. However, the conclusion of the injury evaluation does not need to be made by a forensic doctor in accordance with the procedures, and even if the injury is serious, it cannot be used as the basis for the judicial organ to handle the case without a forensic evaluation. So what you have to do now is to immediately apply for a forensic doctor to make an injury evaluation, and the forensic doctor of the public security organ handling the case will do the same.
The procuratorate also has a forensic doctor
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Take the medical records and doctor's certificate to the appraisal, the public security organs have a special appraisal center, but there are other judicial appraisal agencies outside, the fee is generally about 500 to 1000, after the appraisal is over, you can file a criminal attached civil private prosecution according to the appraisal conclusion, you can request that the other party be held accountable for the crime of intentional injury (provided that it constitutes a minor injury), and require the other party to compensate for the expenses incurred by your father's injury.
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Reaching a minor injury or more is to include minor injuries. Those who cause minor injuries in a fight need to bear criminal responsibility and will be punished criminally. A sentence of up to three years imprisonment, short-term detention or controlled release is to be given.
According to Article 99 of the Criminal Law of the People's Republic of China, the term "above", below, and within this Law includes this number. Article 234:Whoever intentionally injures the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph and causes 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 the provisions. Article 235:Whoever negligently injures another person causing serious injury shall be sentenced to up to three years imprisonment or short-term detention. Where this Law provides otherwise, follow those provisions.
In addition, according to the definition of disability in the "Standards for the Appraisal of the Degree of Human Injury": 1. Serious injury. Injuries that mutilate a person's limbs, disfigure, deafness, vision, other organ functions, or other serious harm to personal health, including serious injuries of the first degree and serious injuries of the second degree.
2. Minor injuries. Impairment of human limbs or appearance, partial impairment of hearing, vision or other organ functions, or other injuries that are moderately harmful to personal health, including minor injuries of the first degree and minor injuries of the second degree. 3. Minor injury.
Primary injury caused by various traumatogenic factors, resulting in minor damage to the structure of tissues and organs or slight dysfunction.
The above is the lawyer's legal point of reaching minor injuries or above, including minor injuries, I hope it will be helpful to you.
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There will always be some contradictions between the two sides in today's life. So when there is a conflict between the two parties, it is possible that one party is injured or slightly injured, so if the crime of intentional injury is slightly injured, should a lawyer be hired to deal with this issue? In China's law, the law protects the weak, and as long as it is harmed, there will be some legal responsibility.
Let's talk about that today. <>
1. Both sides decided to settle the matter privatelyWhen both parties have suffered some injuries, and the injuries are not very serious, and both parties are willing to resolve the issue privately, I hope to confront the law in court, and there is no need to hire a lawyer at this time. As long as you solve this problem reasonably and compensate both parties for the corresponding income and other expenses, you don't need to hire a lawyer at this time. Because the role of a lawyer is to help you easily pursue criminal responsibility for the person who caused the fight, and can convict you, if both parties are not willing to do so, you can do without a lawyer.
2. When the two parties cannot reconcile, after all, if there is a physical struggle between the two parties, it means that the contradiction between the two people is already very big, and when one party is seriously injured, then it is necessary to ask the police and a lawyer to solve the problem, so as to protect their own interests more appropriately. Therefore, when the explanation of both parties is to hire a lawyer, according to the solution determined by the lawyer, you can get some legal compensation, and at the same time, you can also make the person who hurt you pay legal responsibility. Therefore, if the crime of intentional injury cannot be resolved by both parties, it is necessary to hire a lawyer to better solve the problem and not cause greater conflicts.
3. When an injury is caused with more than minor injury, no matter which of the two parties commits the matter, the matter cannot be reconciled, because such an injury requires a legal injury evaluation. When the level of injury is determined, it is necessary to hire a lawyer to fight the lawsuit to know your injury rights and compensation in detail. At the same time, they will better protect their own interests and allow the perpetrators to be punished by law.
The above are some of the views on the crime of intentional injury and the need to hire a lawyer for minor injuries.
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Of course, you have to hire a lawyer, although it is only a small lawsuit, but in order for the lawsuit to go smoothly and get the result you want, it is better to hire a lawyer.
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There is no need to hire a lawyer, because it is a big expense to get a lawyer, and you are also a minor injury, as long as both parties coordinate well.
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I feel the need to. Hire a lawyer so that a lawyer can litigate for you.
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Including minor injuries, the Criminal Law stipulates that a person over the age of 18 who intentionally injures a person after drinking alcohol and causes minor injury shall bear criminal responsibility, but if the case is before the procuratorate decides to prosecute, the two parties may settle, and the injured party voluntarily waives pursuing the criminal responsibility of the other party and obtains compensation, that is, the two parties reach a settlement. Once a settlement is reached, there will be no jail and no criminal responsibility.
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Minor injuries can constitute the crime of intentional injury, and criminal responsibility is required, as for the sentence, it is a definite sentence, and when the court decides, perhaps a suspended sentence can be given by paying a fine, and ordinary cases of minor injuries cannot be sentenced to real punishment.
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Including minor injuries. Minor injuries can constitute the criminal standard for the crime of intentional injury.
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I used to work in the TV station for people's livelihood, and I had more than minor injuries, including minor injuries, and I could appeal!
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If you need to bear criminal responsibility and constitute a minor injury, you are suspected of the crime of intentional injury. As for how to sentenc, it depends on the specific circumstances.
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Including minor injuries. To be held criminally responsible! Sentencing depends on whether the consequences of the circumstances are serious.
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Include. Article 99 of the Criminal Law: "Above, below, and within" as used in this Law includes this number.
Article 99: "Above, below, and within" as used in this Law includes this number.
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If the injury caused by the fight, the appraisal conclusion is that the injury is slight and does not constitute a crime, and generally speaking, administrative detention shall be carried out for less than 10 days, and compensation shall be paid for ** expenses, lost work expenses, and transportation expenses. There is generally no need to hire a lawyer.
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It is the right of the parties to retain a lawyer to defend themselves, which may or may not be exercised.
Code of Civil Procedure
Article 58: Entrusting ** person.
The parties and legally-designated persons may entrust one or two persons as litigants. The following persons may be appointed as litigants:
1) Lawyers and basic-level legal service workers;
2) The close relatives or staff of the parties;
3) Citizens recommended by the parties' communities, units, and relevant social groups.
Article 61: Rights of **persons.
Litigation lawyers and other litigants have the right to investigate and collect evidence, and may consult the relevant materials of the case. The scope and methods for inspecting the relevant materials in this case are to be provided for by the Supreme People's Court.
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Whether a party entrusts a lawyer in litigation needs to decide for themselves, and the law does not stipulate that a lawyer must be retained, whether it is a civil, administrative or criminal lawsuit, it is the litigation right of the party to entrust a lawyer. Since it is a right, the parties can exercise it or not, so as long as the parties feel that they can cope with the whole lawsuit, they can of course still fight the lawsuit without hiring a lawyer. If the parties do not understand the law and related procedures, it is recommended to appoint a lawyer** or find a lawyer for detailed consultation.
The following persons may be appointed as litigants:
1) Lawyers and basic-level legal service workers;
2) The close relatives or staff of the parties;
3) Citizens recommended by the parties' communities, units, and relevant social groups.
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Legal Analysis: Decide whether you need a lawyer based on your own situation. The person who was beaten or slightly injured is already suspected of the crime of intentional injury, and after reporting the case, the public security organs shall file a case for investigation.
Legal basis: He Hui "Criminal Law of the People's Republic of China" Article 234: 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.
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