Laws and regulations, if the old man is sick and is given legal protection by the mentally ill

1. It is recommended to report the case to ** in a timely manner, if the injury is assessed to be more than minor injury (including minor injury), the beater has been suspected of the crime of intentional injury, and shall be investigated for criminal responsibility in accordance with the law, the first paragraph of Article 234 of the Criminal Law stipulates: "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 and causes serious injury to another person 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.

2. After the public security organ files the case, you can file an attached civil lawsuit to claim compensation for personal injury; Of course, you can also sue the court directly for personal damages.

3. If the injury is identified as a minor injury, you can directly sue the court for personal injury compensation; At the same time, an administrative penalty may be requested. 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 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 up 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.

4. The items of personal injury compensation include: disability compensation, medical expenses, hospital meal subsidies, follow-up expenses, lost work expenses, nursing expenses, living expenses for dependents, disability assistive device expenses, nutrition expenses, transportation expenses, mental injury solace, etc.

5. The beater who causes you injury must not only bear criminal or administrative responsibility according to law, but also need to bear the liability for personal injury compensation. The assumption of criminal or administrative liability does not prevent civil liability. or has assumed civil liability, which does not mean that criminal liability or administrative liability is not borne; In layman's terms, it means that you have to fight and punish;

If you assault another person during the onset of the disease, you do not need to bear criminal liability, but your guardian needs to bear civil liability. Conversely, if assaulting another person is not morbid, both criminal and civil liability are required.

Whether or not to be sentenced by a mentally ill person for assaulting or being criminally detained should be determined on the basis of the following specific circumstances: According to the provisions of paragraphs 1, 2, and 3 of Article 18 of the Criminal Law, if a mentally ill person causes harmful results when he is able to recognize or control his own behavior, and it is confirmed through legal procedures, he shall not bear criminal responsibility, but his family or guardian shall be ordered to strictly monitor and treat him; When necessary, by ** compulsory medical treatment. An intermittent mentally ill person who commits a crime when he is mentally normal shall bear criminal responsibility.

Where a mentally ill person who has not completely lost the ability to recognize or control his or her own behavior commits a crime, he shall bear criminal responsibility, but the punishment may be mitigated or commuted.

Article 13 of the Law on Punishments for the Administration of Public Security, if a mentally ill person violates the administration of public security when he is unable to recognize or control his own behavior, he shall not be punished, but his guardian shall be ordered to take strict care of him. Where an intermittent mentally ill person violates the administration of public security when he is mentally normal, he shall be punished.