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First of all, make it clear what kind of people you have made. If it is a minor injury, it is enough to pay some medical expenses, and there is no criminal liability involved. If the injury is serious, it constitutes the crime of intentional injury, and the prosecutor should prosecute. Depending on your situation, it's a civil tort at most, so don't worry too much.
Secondly, the mastermind used the wrong word, if it is really a minor injury, how can the mastermind in the civil case. If it is a criminal case, you are guilty of a joint crime, and even if you only kick twice, you will be determined according to the harmful behavior of all of you. But whether it is the mastermind or not needs to be specifically analyzed, this depends on it, for example, you may still be an accomplice, etc., the police have not found you and you have not confessed, you cannot be identified as the mastermind.
Then, if the other party agrees to go private, then the private remedy will go, and the court will not support the other party to sue for money, which can be reassured.
In the end, the police station refused to allow the case to be withdrawn, and I think it may be that the nature of the case has not yet been decided, and whether to determine whether a civil or criminal case depends on the circumstances of the person who was beaten, but as long as the minor injuries are definitely not a criminal case, the case can be withdrawn. There is also a possibility that the other party has a relationship, and the reason for not letting the case be withdrawn is to ask for more money.
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Downstairs is wrong. If the level of minor injury or above is evaluated, that is, if the person causes minor injury, he is suspected of the crime of intentional injury and bears criminal responsibility. Is it impossible to generalize about the mastermind, because ** should also have evidence and testimony, and then the public security organs can close the case on suspicion of intentional injury, that is, pay the victim money for mediation, but if the case has been transferred to the procuratorate, the public security organ cannot close the case.
The law of the country you have committed is not something that the victim can not pursue if he is not held criminally responsible, and the procuratorate will prosecute you on behalf of the law of the country. For the crime of intentional injury, fixed-term imprisonment of 1-3 years, controlled release or criminal detention, if the victim is actively compensated and receives a letter of understanding, the punishment is mitigated, and in the case of multiple people participating in a fight, 20% is added to the original sentence, and in the case of armed persons, 20% is reduced.
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According to article 234 of the Criminal Law, whoever intentionally injures another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
At the same time, according to Article 119 of the General Principles of the Civil Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, if a person is physically injured, he shall be compensated for expenses such as medical treatment, lost work, nursing, transportation, accommodation, food allowance during hospitalization, and necessary nutrition; If the injury reaches the level of disability, disability compensation, disability assistive device expenses, living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to **nursing and continuation** are also required.
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1. Where the crime of "intentional injury" is constituted, the starting sentence may be determined within the corresponding range on the basis of the following different circumstances: 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; 2. On the basis of the starting sentence, the sentence may be increased and the base sentence may be determined on the basis of other facts of the crime that affect the composition of the crime, such as the consequences, the level of disability, and the degree of cruelty of the crude means. 3. Where others are hired to commit harmful conduct, the base sentence may be increased by up to 20%.
4. In any of the following circumstances, the base sentence may be reduced by up to 20%: Caused by the intensification of civil conflicts such as marriage and family, neighborhood disputes, etc.; The victim's fault caused the crime or was responsible for the crime caused by the intensification of the conflict; Actively rescuing victims after committing a crime. The above is the sentencing standard for indirect stool type intentional injury causing minor injury.
Article 234 of the Criminal Law of the People's Republic of China 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 the death of a person or seriously injures a person by especially cruel means and causes 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.
Legal basis: Criminal Law Article 234 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 the death of a person or seriously injures a person by especially cruel means and causes 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.
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There is a joint offense of intentional injury and minor injury. In the course of inflicting harm on another person, all members of the party involved in the harm in the case are members of the joint crime, regardless of whether or not they directly caused harm to the victim. Among them, the principal offender who bears primary responsibility and the accessory offender who is secondarily responsible.
Joint crimes, intentional injuries, and minor injuries shall be handled in accordance with up to three years imprisonment. There is a joint offense of intentional injury and minor injury. In the course of inflicting harm on another person, all members of the party involved in the harm in the case are members of the joint crime, regardless of whether or not they directly caused harm to the victim.
Among them, the principal offender who bears primary responsibility and the accessory offender who is secondarily responsible.
A joint crime refers to a joint intentional crime committed by two or more persons. Where two or more persons commit a crime of joint negligence, it is not to be treated as a joint crime; Those who shall bear criminal responsibility are to be punished separately according to the crimes they committed.
Those who organize or lead a criminal group to carry out criminal activities, or who play a major role in a joint crime, are the principal offenders. A relatively fixed criminal group formed by three or more persons for the purpose of jointly committing a crime is a criminal group. The ringleaders who organize or lead a criminal group are to be punished in accordance with all the crimes committed by the group.
Principal offenders other than those provided for in paragraph 3 shall be punished in accordance with all crimes in which they participated, organized, or directed.
Those who play a secondary or auxiliary role in the joint crime are accomplices to the nucleus. For accomplices, punishment shall be mitigated, commuted, or waived.
If two or more persons commit a harmful act, one is an intentional crime and the other is a negligent crime, and the acts of the two together lead to the occurrence of harmful results. Specifically, it includes two aspects: one is negligently causing or assisting others to commit an intentional crime, and the other is intentionally instigating or assisting others to commit a negligent crime.
In this case, each person is also held criminally responsible according to the form of his or her guilt and the form of his or her conduct.
For example, A and B jointly hit C with a wooden stick, A had the intent to kill and B had the intent to injure, and as a result, C died because A struck C's vital part, and although the two had a common act, they did not constitute an accomplice because they did not have the joint criminal intent, A constituted the crime of intentional homicide, and B constituted the crime of intentional injury. Of course, if the difference in the content of the crime is not sufficient to affect the characterization of the act, it may constitute a joint crime, if one party has the intent to kill directly and the other party has the indirect intention, and the two parties jointly commit the act of homicide, they may be established as accomplices to the crime of intentional homicide.
When the crime of intentional injury is handled, it must first constitute the filing of the crime of intentional injury. For example, if it constitutes a minor injury or more, otherwise it cannot be dealt with, and of course there is this crime in the joint intention.
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Causing minor injuries indirectly constitutes the crime of intentional injury. For accomplices, punishment shall be mitigated, commuted, or waived. The victim was sentenced to fixed-term imprisonment of not more than three years.
Article 235 of the Criminal Law stipulates that a person who negligently injures another person and causes serious injury shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Where this Law provides otherwise, follow those provisions. The crime of causing serious injury by negligence refers to the act of negligently and unlawfully seriously harming the personal health of others.