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As far as I know, the law does not clearly stipulate the statute of limitations for applying for disability evaluation, but only stipulates that if the primary injury is the main basis for evaluation, the evaluation can be made after the injury, and if the complications caused by the injury are the main basis for evaluation, the evaluation will be carried out after the injury is stabilized. Where the evaluation is based on cosmetic impairment or dysfunction of tissues and organs, the evaluation is to be made after 90 days after the injury. But beware:
There is a time limit for police stations to handle public security cases, beyond which the document will naturally be invalid. Public Security Administration Punishment Regulations99 The time limit for public security organs to handle public security cases must not exceed 30 days from the date of acceptance; Where the circumstances of the case are major or complicated, an extension of 30 days may be granted upon approval by the public security organ at the level above. But you can still claim civil damages from the other party after the appraisal, note that this is statute of limitations.
A year later, it was done in vain, and your injured family was exempted from liability due to the statute of limitations. Article 136 of the General Principles of China's Civil Law stipulates that the statute of limitations for personal injury compensation cases is one year. According to the "Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China", 168 stipulates that during the statute of limitations for personal injury compensation, if the injury is obvious, it is calculated from the date of injury; If the injury was not discovered at the time, but it is later confirmed by examination and can be proved to be caused by the assault, it is counted from the date on which the injury was diagnosed.
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I don't know, the police will take you to do it.
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You'll have to ask the police station, the sooner the better. An injury appraisal is a legally recognized evidence.
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Legal analysis: After the results of the minor injury appraisal are out, the police station will mediate between the two parties, and give a public security administrative punishment to the person who beats others, and detain him for not less than 5 days but not more than 10 days, and impose a fine of not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. where the circumstances are serious, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB.
Legal basis: Law of the People's Republic of China on Public Security Administration Punishments
Article 43: 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. 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) Forming a group to beat or injure others;
2) Beating or injuring persons 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.
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After the minor injury is identified, the processing time of the police station is 15-60 days. The handling at the police station is as follows:
1. The police station needs to file a case after identifying the case as a minor injury, and the case will officially enter the litigation procedure;
2. If the case does meet the appraisal, the public security organ will summon the suspect to the case for criminal detention and report to the procuratorate for approval of arrest;
3. During this period of envy, minor injury cases can be mediated; If the mediation is unsuccessful, the public security department will file a public prosecution with the court to pursue the criminal responsibility of the defendant, and the victim may file a civil lawsuit attached to the criminal case.
Legal basisArticle 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.
What are the procedures for minor injury identification?
1. Forensic evaluations of the degree of injuries involved in the handling of various types of cases by the entrusting unit are uniformly made by the public security organs' forensic appraisal bodies. The evaluation of injuries is carried out in accordance with the principle of territorial jurisdiction and step-by-step evaluation, and the first evaluation is the initial evaluation;
2. The police station understands the facts of the case, conducts a biopsy, takes pictures, and then consults the medical records, conducts appraisals, and makes and issues appraisal certificates;
3. In addition to door-to-door services, the person being evaluated must be present for the examination, and the police handling the case must accompany them during the initial forensic examination;
4. During the initial examination, you must bring the initial outpatient medical records, inpatient medical history and other re-cleared copies, imaging data and other medical information;
5. For those who have the conditions for immediate evaluation, the appraisal body shall complete the appraisal work within the prescribed time limit; Where the case is difficult or complicated and requires consultation, the evaluation body shall promptly complete it after the consultation;
6. Appraisal documents. The appraisal certificate shall be collected by the person in charge of the case-handling unit, and the procedures for the transfer of appraisal materials shall be handled at the same time. The case-handling unit is to inform the relevant parties of the appraisal conclusion in accordance with law.
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Legal Analysis: Hitting someone causing minor injuries has already violated the law, and according to the "Public Security Administration Punishment Law", the police station should administratively detain the beater.
Legal basis: Article 4 of the Law of the People's Republic of China on Public Security Administration Punishments Article 13 Whoever assaults another person or intentionally harms 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 not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
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If, upon forensic evaluation, the victim's injuries are minor, the perpetrator is suspected of a criminal offense, and the public security organs shall file a criminal case for investigation. As for how long it will take for the public security organs to conclude the investigation, it is necessary to analyze it according to the specific instructions
1. If a criminal suspect is detained or arrested, under normal circumstances, the case should be concluded within about two months. However, the period of investigation may be extended accordingly.
2. If a criminal suspect is released on bail pending further investigation, according to the provisions of the Criminal Procedure Law, since the maximum period of release on bail pending further investigation is not more than 12 months, the public security organs should conclude the investigation within 12 months after the criminal suspect is released on bail pending further investigation. Where the public security organs find that it is necessary to arrest a detained person, they shall request that the people's procuratorate review and approve it within three days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.
For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days. The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation.
Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law. Article 154:The period of investigative detention after arrest of a criminal suspect must not exceed 2 months. In cases where the circumstances of the case are complicated and cannot be concluded at the completion of the time limit, an extension of one month may be granted with the approval of the people's procuratorate at the level above.
Article 155:In particularly major and complicated cases that are not suitable for trial for a longer period of time due to special reasons, the Supreme People's Procuratorate is to report to the Standing Committee of the National People's Congress for approval of an extension of trial. Article 156:In the following cases, where the investigation cannot be concluded at the completion of the time period provided for in article 154 of this Law, it may be extended for two months upon approval or decision of the provincial, autonomous region, or directly governed municipality people's procuratorate:
1) Major and complex cases in remote areas where transportation is very inconvenient;
2) Major criminal group cases;
3) Major and complex cases in which the crime was committed on the move;
4) Major and complex cases in which the crime involves a wide range of areas and it is difficult to collect evidence. Article 157:Where a criminal suspect might be sentenced to 10 years imprisonment or more, and the extension period is completed in accordance with article 156 of this Law, but the investigation cannot be concluded, it may be extended for another 2 months upon approval or decision of the provincial, autonomous region, or directly governed municipality people's procuratorate. Article 158:Where, during the investigation period, it is discovered that the criminal suspect has committed another important crime, the period of investigative detention is to be recalculated in accordance with the provisions of article 154 of this Law from the date of discovery.
Where criminal suspects do not state their real names or addresses, and their identities are unclear, an investigation shall be conducted into their identities, and the period of investigative detention is calculated from the date on which their identities are clarified, but the investigation and collection of evidence for their criminal conduct must not be stopped. Where the facts of the crime are clear, the evidence is credible and sufficient, and there is truly no way to ascertain their identity, they may also be prosecuted or tried in their self-reported names.
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The time limit for minor injuries is one month. Minor injuries are administrative cases and can be detained or fined for the perpetrator. The police can generally conduct mediation in injury cases, and the time limit for the police to handle the case is one month, during which mediation is limited to two times, and cannot be transferred for a long time without a decision.
Legal basis] Standards for the Identification of the Degree of Human Injury
1. Cranial brain and spinal cord.
Light shed swift things slightly injured.
1. Neurological symptoms after head trauma.
2. The scalp abrasion area is more than 5 square centimeters; scalp contusions; Subscalp hematoma.
3. Scalp wounds or scars.
2. Face, auricle.
Minor injuries. 1. Facial soft tissue trauma.
2. Facial injuries with scars or pigment changes. Chain liquid.
3. Abrasions on the face, above the area; facial soft tissue contusions; Scratches on the face above.
4. Orbital inner wall fracture.
5. Eye contusion; Eye trauma affects appearance.
6. Auricular trauma.
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.