Can I release someone privately if I am criminally detained for minor injuries 20

1. In the investigation stage of the public security organ. As far as I know, Anhui Province issued an opinion in 2005 that if certain conditions are met during the investigation stage, the public security organs can withdraw the case, lose money, and not transfer the case to the procuratorate for review and prosecution. Many people here insist that criminal cases cannot be mediated, and they have not thoroughly understood the different judicial policies of each province.

However, from a national perspective, the public security organs in most places have little discretion in criminal case handling procedures, and the results of the handling are very easy to be overturned by the procuratorate's exercise of procuratorial supervision power, combined with the specific situation that your friend has been arrested, so for criminal suspects, there is still a certain risk in this kind of handling.

2. At the stage of review and prosecution by the procuratorate. The procuratorate has the discretionary power not to prosecute, that is, not to prosecute a criminal suspect that the procuratorate deems to be minor and not very harmful.

This power of the procuratorate is stipulated in the Criminal Procedure Law, and the risk to criminal suspects is basically zero. Your friend's family member came forward to the procuratorate to request that it be handled according to the discretionary decision not to prosecute, and you also came forward to say that you have settled with the other party and will not petition to cause trouble after the procuratorate has decided not to prosecute.

3. At the stage of court proceedings. Entering the court is of course the last link, but it is not only the result of sentencing to prison. The best outcome is that your friend is found guilty but exempt from criminal punishment (i.e., no punishment at all).

The next good outcome is that your friend is not a repeat offender, and the maximum sentence for intentional injury (minor injury) is only three years, so he meets the conditions for probation, and can strive for probation, and after a probationary period of several years, if he does not commit any more crimes, he can not go to prison. (In practice, as long as you don't go too far during probation, you don't have to worry about it.) The third possibility is to seek a sentence of surveillance (which is also a type of principal punishment, but not imprisonment).

Specifically, you can check the law).Because according to your introduction, the case is really not serious enough, and it is a dispute between non-governmental friends. If you strive for it well, you can do it.

ps: I feel that there are people here, if it's not because of the level, they just like to scare others, and they don't really think of ways for others, which is not very good.

As you have informed, you are currently in criminal proceedings and you do not have the right to request his release, but you can negotiate with his family for civil compensation, and you can request a lighter sentence. In practice, conviction and sentencing should depend on many circumstances, such as attitude, consequences, restitution, voluntary surrender, disclosure, reporting, meritorious service, principal and accessory offenders, juveniles, recidivism, attempts, etc., and the evidence should also be considered.

1. Minor injuries can be prosecuted privately or publicly, if there is no public prosecution, but a private prosecution, you can be "private", and you can not pursue his criminal responsibility if he compensates you for your losses. However, if it is a public prosecution, you, as a victim, have no right to demand that he not be held criminally responsible, that is, you cannot be "private".

2. If it is only criminal detention, you can go to the public security and the procuratorate to find a way to see if it can be handled as a private prosecution and no longer be transferred to the procuratorate for public prosecution.

It's too late, brother, when you go to report the case, the public security organs have already filed a case, and they have already started to arrest people, and besides, you have already gone to have your injuries examined, and there is evidence and evidence, at most you can not pursue the issue of civil compensation, but there will be detention or other in the criminal case.

The case has already been filed, and it is too late for anything.

And the case will also be recorded in your friend's personnel file.

The political review that may be involved in the future will not be passed again, and the work will also be a problem.

Minor injuries can be requested to be revoked You go and ask how to handle it He is only criminally detained, as long as he is not sentenced, he will not have a criminal record, but you have to go to the public security and the procuratorate to find a way.

Don't listen to the above two nonsense, minor injuries can be requested to be revoked, you go and ask how to handle it, he is only criminally detained, as long as he is not sentenced, he will not have a criminal record, and even a lawyer can still engage in it in the future.

Minor injuries are not necessary to be detained. According to the provisions of law, those who intentionally injure others, causing minor injuries, and the circumstances are more minor, are to be detained for up to 5 days or fined up to 500 RMB. The perpetrator may be fined up to 500 yuan and will not be detained.

Article 43 of the Public Security Administration Punishment Law "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. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB: (1) Gang beating or injuring others; (2) Assaulting or injuring a person 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.

Legal Analysis: Minor injuries do not necessarily require detention. If it is a violation of the administration of public security, such as fighting or damaging other people's property caused by a civil dispute, and the circumstances are relatively minor, the public security organs may mediate and handle it.

Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished. Therefore, if it has already been mediated, there is no need to detain again. Administrative detention is possible only if the other party cannot be forgiven and the public security bureau is required to impose a punishment.

Legal basis: Article 26 of the "Public Security Administration Punishment Law of the People's Republic of China" Anyone who commits any of the following acts shall 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.

Legal Analysis: Anyone who intentionally injures the body of another person, and the injury is a minor injury of the second degree or higher, shall be sentenced to three years imprisonment with suspicion, and escape may increase the punishment in sentencing. Whoever intentionally injures a person, 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.

If the seller is slightly injured, he may violate the public security administration regulations, and is generally subject to administrative detention for up to 15 days.

Legal basis: Article 234 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 and causes serious injury to a person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, or where a person is seriously injured by especially cruel means, causing serious disability, a sentence of 10 or more years imprisonment, life imprisonment or death is to be given. Where this Law provides otherwise, follow those provisions.

Legal Analysis: Minor injuries can be administratively detained. Ruler silver.

Legal basis: Article 234 of the Criminal Law of the People's Republic of China: 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 and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, death or serious disability caused by especially cruel means, and shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

The legal limb knows this analysis:

constitutes a minor injury and may be administratively detained.

Legal basis: Article 234 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 and causes serious injury to a person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, or shall be sentenced to death by a person who is seriously injured by especially cruel means, or shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or the death penalty for those who roll violently. Where this Law provides otherwise, follow those provisions.

Whether detention should be taken is not directly related to the severity of the injury. Generally speaking, detention may be carried out in advance if the victim or a person who witnessed the crime identified him as having committed the crime while he was preparing to commit a crime, committing a crime, or was discovered immediately after committing a crime; Evidence of a crime is found in the vicinity or residence; attempting suicide, running away or being at large after committing a crime; There is a possibility of destroying or falsifying evidence or colluding confessions; Do not tell your real name, address, unknown identity, etc.

[Legal basis].

Criminal Procedure Law of the People's Republic of China Article 82: Public security organs may first detain current offenders or major suspects in any of the following circumstances: (1) those who are 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 a crime; (3) Evidence of a crime is found in their surroundings or residence; (4) Attempting suicide after committing a crime, escaping, or being on the run; (5) There is a possibility of destroying or fabricating evidence or colluding confessions; (6) Not telling their true name or address, and their identity is unclear; (7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.