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Investigation stage (public security stage): 1. After the arrest of the criminal suspect, it must not exceed 2 months;
2. In cases where the case is complicated and cannot be concluded at the end of the time limit, it may be extended by 1 month;
3. Where the circumstances provided for in article 126 of the Criminal Procedure Law are met, an extension of 2 months may be granted;
4. Where a criminal suspect might be sentenced to 10 years imprisonment or more, where the extension period is completed at the end of article 126 of the Criminal Procedure Law, and the investigation cannot be concluded, it may be extended for another 2 months;
5. Where other important crimes are discovered, the time limit is to be recalculated.
Review for prosecution stage (procuratorate stage):
1. Time for review and prosecution, 1 month;
2. For major and complex cases, it can be extended for half a month;
3. Where jurisdiction is changed, it is calculated from the date on which the procuratorate receives the case;
4. Return for supplementary investigation, limited to two times, 1 month each time;
5. The victim's appeal against the decision not to prosecute is within 7 days;
6. The person not being prosecuted shall appeal within 7 days of making a decision not to prosecute in accordance with Article 142, Paragraph 2 of the Criminal Law.
Duration of trial (court stage):
1. In first-instance public prosecution cases under ordinary procedures, the verdict shall be announced within one month of acceptance, and must not exceed one and a half months at the latest. In special circumstances, an extension of one month may be granted upon approval or decision of the high people's court of the province, autonomous region, or directly governed municipality.
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Investigation stage (public security stage): 1. After the arrest of the criminal suspect, it must not exceed 2 months;
1. Time for review and prosecution, 1 month;
Duration of trial (court stage):
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In ordinary criminal cases of non-duty crimes, the criminal detention is 37 days + six and a half months after arrest + six and a half months for the procuratorate to review and prosecute + six and a half months for the court to hear it, which is almost two years. If the law provides for a maximum of a few days, cases that are not suitable for trial in the near future can be held indefinitely.
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Once the court has decided to detain the prison, you can apply for a visit in accordance with the law.
According to Section 4 of the "Prison Law" Correspondence and Meetings Article 47 Convicts may communicate with others while serving their sentences, but the correspondence shall be inspected by the prison. Prisons may withhold letters that hinder the rehabilitation of offenders. Letters written by convicts to the higher authorities of the prison and to the judicial organs are not subject to inspection.
Article 48: During the period of serving their sentence in prison, convicts may meet with their relatives and guardians in accordance with provisions.
Article 49: Convicts accepting goods and money shall be approved and inspected by the prison.
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Article 5 Prisons.
The convict's relatives or guardians shall be notified of the meeting within 5 working days of being taken into custody, and the notice shall include content such as the scope of the person to be met, the schedule for the meeting, the procedures for handling the meeting, and the relevant documents required. Relatives and guardians of convicts may submit an application to the prison for a meeting.
Article 6: Where a convict's relatives or guardians meet for the first time, they are to go through the meeting formalities with their resident identity card, household registration booklet, or other valid documents or certificates that can prove their identity and relationship with the convict. If it is not the first meeting, the meeting shall be made with the person's resident identity card, and the meeting may be made with the household registration booklet.
Article 48 of the Prison Law of the People's Republic of China stipulates that convicts may meet with their relatives and guardians while serving their sentences in prison. However, it is now a common practice throughout the country that friends of convicts can also visit prisons, because prison visits can bring corresponding economic benefits to prisons.
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Hello, you can see the perpetrator after the court verdict.
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In general, if the defendant does not appeal the verdict within 10 days of receiving the verdict, the verdict will take effect, and the family can visit the detention center after receiving the verdict.
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A prison visit can be requested after the judgment takes effect.
Lawyer Hou Jianhuai.
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After the criminal suspect or defendant is sentenced to a criminal punishment in accordance with law, they shall be sent to the place where the sentence is served for enforcement within one month. According to the Prison Law, convicts may meet with their relatives while serving their sentences, but there is no specific date, and the regulations of prisons in various places are not completely consistent, so they can be implemented in accordance with the regulations of the specific prison in which they are serving their sentences.
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If a friend fights and causes minor injuries, will the victim still be sentenced if he does not appeal? But the police have already intervened, and they are already in the detention center, so will they still be sentenced? (Only publishing users and lawyer users can view the full content!) )
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Assuming that the number of days required to complete this work with the new technology is x, then 52(x+6) (40x)=1+50%
Solution x = 39 days.
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Solution: Suppose it takes x days to do this with new technology.
1/52(x+6)=1/40x *50%
The solution is x=14
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Depending on the case and its nature! In Japan, death caused by a drunk driver carries a maximum sentence of life in prison.
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1. The sentencing principles are different depending on the crime. The people's courts will make an accurate judgment based on the sentencing principles for the criminal suspect's crimes, with reference to whether the criminal suspect as determined by the prosecution and defense to have legally-prescribed reasons for mitigating or deserving a heavier punishment as determined by the prosecution and defense, and comprehensively considering the consequences of the crime, subjective malice, the degree of adverse social impact, and the harmfulness to society, within the legally-prescribed sentencing principles for the corresponding crimes, and in consideration of the circumstances of the case and their own discretion.
2. Article 234 of the Criminal Law provides that the sentencing principle for the crime of intentional injury causing minor injury is up to 3 years imprisonment, short-term detention or controlled release.
According to the judicial interpretation of the crime of picking quarrels and provoking trouble, arbitrarily assaulting another person causing minor injuries constitutes the criminal fact of "arbitrarily assaulting others with heinous circumstances" as provided for in Article 293 of the Criminal Law. The principle of sentencing is fixed-term imprisonment of not more than 5 years, short-term detention or public surveillance.
Where multiple people are gathered to commit the criminal conduct described above, seriously disrupting social order, a sentence of between 5 and 10 years imprisonment is to be given, and a concurrent fine may be given.
Article 292 of the Criminal Law provides for the crime of assembling a crowd to fight, where a large number of people are gathered to fight, or where a crowd is armed to fight, or where a crowd is gathered to fight in a public place or on a traffic artery, and seriously disrupts social order, the sentence is to be between 3 and 10 years imprisonment.
The judicial basis is Articles 234, 292 and 293 of the Criminal Law of the People's Republic of China.
The judicial basis is Articles 1, 2, and 3 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Picking Quarrels and Provoking Troubles".
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Friend, there are some facts that you can't tell very clearly. I suggest you think about it:
Article 20 of the Criminal Law stipulates that if the legitimate defense clearly exceeds the necessary limit and causes major damage, he shall bear criminal responsibility, but the punishment shall be reduced or waived. The term "significant harm" means more than a serious injury.
If your brother injured someone with a fruit knife when the other party had stopped the offense, it basically constituted the crime of intentional injury, and the provisions of Article 234 of the Criminal Law are indeed sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
However, the issue of sentencing is more complicated, and the cause of the incident, the circumstances of compensation, the attitude of remorse, and the usual performance are all factors that must be considered. If it is roughly measured, according to the Supreme People's Court's Sentencing Guiding Opinions (Provisional) (1), where intentional injury causes minor injury to one person, the starting sentence may be determined within the range of 6 months to 1 year and 6 months imprisonment.
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It is recommended that you first gather evidence on the details of the case at that time, and you can claim that your brother was justified in self-defense and seek a suspended sentence.
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You have to have evidence to prove that your brother is justified in self-defense, so it should be about 1 year, if not, it's hard to say.
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1. Regarding the statutory punishment: the degree of harm of the victim should be determined on the basis of the injury evaluation; The statutory penalty for minor injuries is "fixed-term imprisonment of not more than 3 years, short-term detention or controlled release", and the statutory sentence for general serious injuries is "fixed-term imprisonment of not more than 3 years but not more than 10 years".
The final sentence will be based on the facts, nature, circumstances, and harm to society; Now lawyers do not have access to the investigation file and are unable to make effective judgments about sentencing.
2. Regarding the victim's fault: If the dispute over the slashing is caused by the fault of the person being cut, it is called "victim's fault" in law, and it can be used as a "mitigating circumstance for early sentencing".
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1. Because the left eye was slightly injured, which met the standard for filing a case for the crime of intentional injury, the public security is now criminally detained for this crime; It is in accordance with the law that the parties may settle, reach an agreement on compensation, and apply to the public security organ to withdraw the case.
2. What you have to do now is mainly to negotiate a settlement with the other party, or find an intermediary to mediate, or ask the public security to mediate, and reach a mediation agreement as soon as possible, and compensate in place according to the agreement. Regardless of whether or not an agreement can be reached, you must inform the police and the procuratorate of your efforts, and finally the court if you go to court for trial. You can now apply to the public security organs for release on bail pending further investigation, and strive to release the person first.
3. In reality, there are often situations where the other party is asked for a high price as a condition for reaching a mediation agreement on the grounds of causing minor injuries, and many defendants have no choice but to passively accept it. At this time, the key is to see whether the asking price is reliable, for example, if the medical expenses cost thousands of yuan, and if you have rested for ten days and a half months, you will ask for a few thousand yuan, which is a little more than the compensation that the injured party should receive (mainly medical expenses, lost work expenses, nutrition expenses, etc.), because the defendant can therefore get leniency from the law, and in this case, it is most likely to withdraw the case directly. But if the asking price is too high, for example, it will cost tens of thousands of dollars to open the mouth, and it is very tough, then it will be handled according to legal procedures, and the possibility of arrest and final sentence in a case like yours is very small, if the case finally goes to the court, the injury compensation can still be mediated, if it is successful, it is still useful, if it is not good, let the court judge it, that is, medical expenses, lost work expenses (the national standard is more than 100 yuan a day), nutrition expenses, etc., and the injured party will not get any additional compensation beyond the law.
In this case, I think 10,000 dollars is about the same.
4. If it is a mutual assault between acquaintances, causing minor injuries to one party, the public security in such cases has the obligation to mediate between the two parties first, and if the mediation is successful, the case should be withdrawn. If mediation fails and one party insists on judicial proceedings, the case is filed as intentional injury.
5. The vast majority of such cases between acquaintances will not be arrested, and if the arrest is not approved, the public security will release the person within 14 days from the start of the criminal detention.
6. If the reconciliation or mediation is successful, the case can be withdrawn in the public security organ, if it is not successful, it is okay to go according to the judicial procedure, the possibility of a final sentence in a case like this is very small, even if the sentence is a real sentence, it will be a few months at most, the key is that you have a better attitude, and actively ask for compensation to the other party, whether the other party accepts it or not is another matter. However, judging from the target of the beating and the fact that he has now been detained, the possibility of reconciliation between the two sides does not seem to be very large, and if so, don't worry too much, just follow the legal procedures, it is not a big deal. The law stipulates that the maximum penalty for intentional injury is three years, as provided for in the attached law.
Say so much, I hope it helps you.
Attachment: Article 234 of the Criminal Law Whoever intentionally harms 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, 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.
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Where the nature is minor and the attitude is positive, criminal prosecution may be mitigated, commuted, or waived.
The key depends on your husband's explanation of this case, if he says that he has a dispute with the leader, he strikes first, and has a deliberate attitude, then he may be punished, but if the two sides grasp each other, cause injury in the process of defense, and can actively explain the problem, there is no problem.
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Hello, if it is identified as a minor injury, then it is criminally responsible, constituting the crime of intentional injury. In this case, the sentence is imprisonment for up to three years or criminal detention.
According to article 234 of the Criminal Law of the People's Republic of China, whoever intentionally harms the body of another person is 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 this Law provides otherwise, follow those provisions.
Question: The results of the appraisal are not available yet.
The question seems to be a boiling water collapse, but the result doesn't come out, I don't know if it seems to be a boiling water collapse, but the result doesn't come out, and I don't know if there is a good solution if it is a minor injury.
Answer: I hope my reply can help you, useful to you, I wish you a smooth follow-up here, oh question, if it is not a minor injury, she wants to ask me for a lot of money, what should I do, answer, if it does not constitute a minor injury, and, if you can't negotiate, it is recommended to go through the legal process, thank you.
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Minor injuries can be reconciled. After the settlement, the police will usually no longer handle the criminal case. If reconciliation is not possible, the sentence for intentional injury may be up to three years in prison or criminal detention.
The amount of the settlement is usually a little more than the amount of civil compensation such as medical expenses and lost work expenses, which is agreed upon by both parties.
Lawyer Xu Huizhan of Zongheng Legal Network.