When will the criminal detention be released for minor injuries?

1. If it is an intentional injury that causes minor injury, it is a public security case, not a criminal case, and cannot be criminally detained;

2. Causing minor injuries and violating the provisions of the "Public Security Administration Punishment Law", shall be subject to administrative detention and fines;

3. Legal basis: Article 43 of the Law on Public Security Administration Punishments 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 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.

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.

In public prosecution cases, the failure of the victim to pursue the case does not affect the proceeding of the proceedings. It's just that the civil compensation is more sufficient, which can be used as a sign of remorse, and the sentence will be lighter in the future. If you sue in court, it should be less than 3 years.

Picking quarrels and provoking troubles, which caused minor injuries to three people, has met the criteria for filing a criminal case, and picking quarrels and provoking troubles is a public prosecution case, and even if the victim requests not to be prosecuted, criminal responsibility should still be pursued.

Half a month, is a criminal detention. There may be a prison sentence. It's hard to say if it can come out.

Picking quarrels and provoking troubles is a public prosecution case, and even if the victim is not prosecuted, he will be held criminally responsible.

Legal Analysis: According to the provisions of law, anyone who assaults another person, or intentionally harms another person's body, is to be detained for not less than 5 days but not more than 10 days, and 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.

Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 43 Whoever assaults another person or intentionally harms another person's body shall be detained for not less than 5 days but not more than 10 days and shall also be 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.

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.

Minor injuries are generally detained for between 5 and 10 days, and where the circumstances are relatively minor, they will be detained for up to 5 days, and then those with aggravating circumstances will be detained for between 10 and 15 days. Detention in criminal proceedings is a compulsory method of temporary deprivation of personal liberty adopted by the public security organs and people's procuratorates in the course of investigation of cases directly accepted by the public security organs and people's procuratorates in the event of a statutory emergency, and it should be noted that criminal detention is a compulsory measure rather than a means of criminal punishment.

1. What is the difference between criminal detention and judicial detention?

Judicial detention is a coercive method used by the courts in the course of criminal, civil and administrative proceedings against litigation participants and other persons who have seriously obstructed the proceedings.

The main differences between criminal detention and judicial detention are:

1. The nature of the law is different. Criminal detention is a preventive measure that is used in response to possible obstruction of criminal proceedings;Judicial detention, on the other hand, is an exclusionary measure that is taken in response to serious acts that have already occurred to impede the proceedings.

2. The legal basis is different. Criminal detention is used in accordance with the provisions of the Code of Criminal Procedure;Judicial detention is used in accordance with the provisions of the Code of Criminal Procedure, the Code of Civil Procedure and the Code of Administrative Procedure, respectively. Missing.

3. The applicable objects are different in pronunciation. Criminal detention is a compulsory measure in criminal proceedings provided for in the Criminal Procedure Law, and its application is limited to current offenders or major suspects in criminal cases. Judicial detention applies to all persons who have committed acts of obstruction of litigation in the course of the proceedings, including litigants and other participants in the proceedings, as well as persons outside the proceedings.

4. The organs used are different. Criminal detention is to be decided by the public security organs and people's procuratorates in accordance with law, and is to be enforced by the public security organs. Judicial detention is to be decided by the people's courts in accordance with law and enforced by the people's courts' judicial police.

5. The relationship with the judgment is different. The period of criminal detention may be deducted from the sentence. Judicial detention is only a punishment for those who obstruct the proceedings, and has nothing to do with the verdict.

6. The term is different. The period of criminal detention has been described above;Judicial detention lasts up to 15 days.

China's Criminal Procedure Law stipulates that the period of criminal detention is divided into two types: the general period and the extended period, as follows:

1. The general period of criminal detention is 10 to 15 days, usually from the time of admission to the detention center. Within 14 days, the investigating organ shall report to the procuratorate for approval of the arrest, of which the time approved by the procuratorate shall be 7 days, including 14 days, and if approved, the arrest shall be made, otherwise the compulsory measures shall be released or modified.

2. The extended period of criminal detention is 37 days, of which 7 days shall be approved by the procuratorate, and within this period, the investigating organ shall report to the procuratorate for approval of the arrest, and if approved, the arrest shall be made, otherwise the compulsory measures shall be released or modified.

1. What are the requirements for detention and approval of arrest?

The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.

Where the public security organs find that it is necessary to arrest a detained person, they shall request that the people's procuratorate review and approve it within 3 days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days. For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days.

The period of investigative detention after the arrest of a criminal suspect must not exceed two months. In cases where the circumstances of the case are complicated and cannot be concluded at the completion of the time limit, an extension of one month may be granted upon the approval of the people's procuratorate at the level above.

The people's procuratorate shall make a decision within one month of a case transferred for prosecution by the public security organs, and may extend it by half a month in major or complicated cases. In judicial practice, if it is necessary to pursue the criminal responsibility of the parties, it is also necessary to approve the arrest of the parties, and after review and prosecution by the procuratorate, a judicial decision shall be made to handle it, and the specific circumstances shall be determined according to the procedures of the facts of the crime caused.

The length of criminal detention for minor injuries needs to be judged on a case-by-case basis, as follows:

1. Whoever assaults another person, or intentionally injures another person's body, is to be detained for not less than 5 days but not more than 10 days, and fined not less than 200 yuan but not more than 500 yuan;

2. where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

1) Gang up to beat or injure others;

2) Assaulting or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60;

3) Assaulting or injuring others multiple times, or assaulting or injuring multiple people at one time.

4. If it constitutes a minor injury, the person who beats the person shall bear criminal responsibility and shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. However, whether or not to impose a sentence needs to be analyzed on a case-by-case basis. The so-called crime of assembling a crowd to fight refers to the conduct of the perpetrator of the crime to wantonly disrupt social order and organize, plan, direct, or actively participate in a crowd brawl because of psychological motives such as fighting for hegemony or revenge.

Reference points for statutory base sentences of up to three years imprisonment, short-term detention, and controlled release:

1) Where a crowd is assembled to fight once, the number of participants is small, there are no minor injuries, and the social impact is small, the ringleader is sentenced to one year imprisonment, and the active participant is to be short-term detention or controlled release; The sentence is increased by six months for each increase in the number of fights;

2) for each additional minor injury, the sentence is increased by six months to one year, depending on the severity of the injury; The sentence is increased by two months for each additional minor injury. where there is a larger social impact, the sentence is increased by six months or the type of sentence is upgraded.

Legal basis: Article 14 of the Criminal Law of the People's Republic of China.

Intentional crime] Intentional crime is an intentional crime if one clearly knows that one's conduct will have a result that is harmful to society, and hopes or allows such a result to occur, thus constituting a crime.

Those who commit intentional crimes shall bear criminal responsibility.

Article 234.

Intentional injury] Whoever intentionally injures 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.