Intentional Injury Civil Litigation 20, Intentional Injury Civil Litigation

First of all, it should be clear that your brother is the plaintiff, and there is no doubt that if you don't sue, your brother can also sue directly.

Secondly, it is necessary to clarify who the defendant is, and you can choose to sue A or the person who beat people in the warehouse.

It can be analyzed that if you choose to sue A, that is, you choose to file a labor relationship, it should be premised on the existence of a valid labor contract, which requires you to prove that the damage exists and that the damage occurred in the course of labor, and that there is a causal relationship. But it doesn't mean that if you sue A, the person in the warehouse has been fine for a long time, and you can sue him as a third party without independent claim. However, if your brother is a migrant worker, there are certain preferential treatments in the lawsuit, such as Shaanxi Province, which has provisions that migrant workers can be exempted from paying or deferring the payment of litigation fees.

If you choose to sue the person in the warehouse, it is a tort lawsuit, which is an ordinary tort case, and your brother has to bear the burden of proof for the damage result, causation, and fault of the other party, but the facts of this case are clear, the issue of proof is clear, and it should not be difficult to prove.

To sum up, it is the cheapest way to choose the direct infringer of the warehouse as the defendant and A as a third party without independent claim.

1. Your brother sues directly. Not a lawsuit.

2. At the same time, you can claim work-related injury compensation from the construction company where A is located.

Your brother can sue the assailant himself. The beater hurt your brother, not the A

It's okay to sue yourself, why let someone else sue.

In criminal cases, the period for prosecution is 5 years if the statutory maximum sentence is less than 5 years, and the statutory maximum sentence is 5 years, and the period for prosecution is 10 years if the statutory maximum sentence is more than 10 years. Depending on the severity of the injury, the sentence that may be imposed is also different, and the time limit for prosecution is also different. The Penal Code provides:

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; 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.

Legal basisArticle 234 of the Penal Code.

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 the death of a person or seriously injures a person by especially cruel means, causing serious disability, 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.

Intentional injury can be prosecuted in the following ways:

Where the people's procuratorate finds that the facts of the crime of the person suspected of committing a crime have been clarified, the evidence is credible and sufficient, and that criminal responsibility should be pursued in accordance with law, it shall make a decision to prosecute, initiate a public prosecution with the people's court with jurisdiction, and transfer the case file materials and evidence to the people's court.

Where the criminal suspect has already admitted guilt and accepted punishment, the people's procuratorate shall also submit a sentencing recommendation, mainly on the primary punishment, supplementary punishment, and whether a suspended sentence is applied, and transfer materials such as the plea affidavit with the case.

Where intentional harm is suffered, the victim may first report to the police, the public security organs file a case for investigation, transfer it to the procuratorate, the procuratorate will review it for prosecution, and the court will hear and make a judgment in accordance with law.

Code of Criminal Procedure

Article 176.

Where the people's procuratorate finds that the facts of the criminal suspect's crime have been clarified, the evidence is credible and sufficient, and criminal responsibility shall be pursued in accordance with law, it shall make a decision to prosecute, initiate a public prosecution in the people's court in accordance with the provisions on trial jurisdiction, and transfer the case file materials and evidence to the people's court.

Where criminal suspects admit guilt and accept punishment, the people's procuratorate shall submit a sentencing recommendation on the primary punishment, supplementary punishment, whether a suspended sentence is to be applied, and transfer materials such as the plea affidavit with the case.

Where it is possible, the victim who intentionally harms the victim has the right to report or make an accusation to the people's procuratorate or people's court against the facts of the crime or the criminal suspect who violated their rights in person or property. People's procuratorates or people's courts shall accept reports, accusations, or reports. For departments that are not within their jurisdiction, they shall transfer them to the competent organs for handling, and notify the informant, accuser, or informant; Where emergency measures must be taken that are not within their jurisdiction, they shall first take urgent measures and then transfer them to the competent organs.

Legal basis] Article 234 of the Criminal Law.

It stipulates that 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. if serious injury is caused, the sentence shall be 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. Minor injuries must be made by the public security organs based on the evaluation of the injuries, not on the subjective judgment of ordinary people.

The time limit for appeals and counter-appeals against judgments is 10 days, and the time limit for appeals and counter-appeals against rulings is 5 days, starting from the second day after receiving the judgment or ruling. The second-instance trial court shall conduct a comprehensive review of the facts ascertained in the first-instance judgment and the applicable law, and is not limited by the scope of appeals or prosecutorial counter-appeals.

Legal basisArticle 227 of the Criminal Procedure Law.

Defendants, private prosecutors, and their legally-designated persons who are dissatisfied with the first-instance judgment or ruling of a local people's court at any level have the right to appeal to the people's court at the level above in writing or orally. The defendant's defender and close relatives may file an appeal with the defendant's consent.

Parties to attached civil litigation and their legally-designated representatives may appeal the attached civil litigation portion of the first-instance judgment or ruling of the local people's court at all levels.

The right of appeal of the accused shall not be deprived under any pretext.