Criminal Law Civil Law Fighting Issues, Criminal Law of Fighting Legal Knowledge

Minor injuries of less than three years, no criminal record, if active compensation, should be able to give a suspended sentence, family members can help apply for bail pending trial. You should hire a lawyer for your father.

Get a lawyer. Look into whether it's justified defense.

It is advisable to study whether it is possible to get a justifiable defense.

In your case, someone must be looking for someone from the police station, so first buy off the arraignator in the detention center, 1 the arraignator can still take care of your father, and 2 he can guide your father's confession in the number, which will be helpful for the court trial in the future. Then there is to send 1,000 yuan to your father's number, and the life inside is better. The captain is kind to your father, and he can eat like a human meal.

I can also smoke.

Then actively compensate the injured, first appease the injured person, or he bites you, it's useless to find anyone, look at the plot, it should be done in 6 months at most, if it's more than 6 months, you can think about bail, a friend of mine went in, I bought the arraignment, sent 1000 yuan to my friend, he was in the morning ham sausage + instant noodles. I ate meat every day, and on weekends I ate crabs with the arraignators in the arraignment house.

Personally, I don't think that if it's a minor injury, it won't have a big impact on your father. What needs to be paid attention to is the extent of his hand injury, and how did his minor injury identification come about? It is recommended to re-identify.

Supposedly, it is impossible to make a criminal arrest with a handshake. The compensation also only relates to his ** expenses.

Lost time pay. Even if the fracture is within 1w, it will definitely be fine, unless the person deliberately cheats you will not be discharged.

1. Whether a fight is civil or criminal.

1. Whether a fight is civil or criminal, depending on the situation:

1) If the other party is slightly injured, the fight generally bears civil liability and administrative punishment;

2) If the other party is injured or more lightly, he shall bear criminal responsibility in accordance with the law.

2. Legal basis: Article 234 of the Criminal Law of the People's Republic of China.

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.

Article 234-1.

Crime of organizing the sale of human organs] Whoever organizes others to sell human organs is sentenced to up to five years imprisonment and a concurrent fine; where the circumstances are serious, a sentence of five or more years imprisonment and a concurrent fine or confiscation of property is to be given.

Whoever removes his or her organs without his consent, or from a person under the age of 18, or forces or deceives others into donating organs, is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.

Where, against the wishes of the person before his death, the organs of the corpse are removed, or the person does not express their consent before his death, violates state regulations, and removes the organs of the corpse against the will of his close relatives, it is to be convicted and punished in accordance with the provisions of article 302 of this Law.

2. What are the constitutive elements of the crime of intentional injury?

The constitutive elements of the crime of intentional injury are as follows:

1. Entities, where a person who has reached the age of 14 but is not yet 16 years old commits the crime of intentionally causing serious injury or death, he shall bear criminal responsibility;

3. The objective aspect is characterized by the fighting between friends, and the crime of intentional injury requires an injurious act in the objective aspect;

4. Subjective characteristics: The crime of intentional injury is subjectively manifested in the fact that the perpetrator clearly knows that his or her actions will cause physical harm to others, and hopes or allows the harm to occur.

Legal Analysis: A fight may constitute the crime of intentional injury, and if it is a crowd fight, it may also constitute the crime of assembling a crowd to fight.

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

Article 234:Whoever intentionally injures 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 10 years imprisonment, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

Article 292:Where a crowd is assembled to fight, the ringleaders and others who actively participate are sentenced to up to three years imprisonment, short-term detention or controlled release; In any of the following circumstances, the ringleaders and others who actively participate shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years

1) Gathering crowds to fight multiple times;

2) Gathering a crowd to brawl with a large number of people, a large scale, and a vile social impact;

3) Gathering crowds to fight in public places or on major traffic arteries, causing serious disruption of social order;

4) Armed crowds to fight.

Where a crowd is assembled to fight, causing serious injury or death in a fight, it is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.

If the punishment is indeed very complicated, it will constitute a public security offense at least and a criminal law at worst. The penalties for fighting are that if the injury is minor, it will not face criminal penalties; If minor injuries are caused, they may face up to three years in prison, criminal detention or public surveillance. Minor injuries:

Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and 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. If the injury is more than minor, it may also be suspected of intentional injury. 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 death or seriously injures a person by particularly cruel means and causes serious disability will face fixed-term imprisonment of not less than 10 years, life imprisonment or even the death penalty. Legal basis: Article 43 of the "Public Security Administration Punishment Law of the People's Republic of China" 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 between 200 and 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.