Can a two year case of minor injuries be prosecuted for criminal liability?

1. The statute of limitations for the crime of story injury is 5 years, which is still the period during which the statute of limitations can be pursued. It is difficult to say whether the police station will file a case, but if the police do not file a case, the husband can still file a private prosecution with the court (but with evidence), or ask the procuratorate to urge the police to file a case. Also, this case is a case of conversion of public prosecution and private prosecution.

2. This involves a question of evidence.

First, after all, two years have passed, first.

2. Since it was the wife's diary, the wife's justification for her actions was very low in evidentiary force, but again, the husband did not have sufficient evidence to prove that the minor injuries identified were causally related to the wife's actions.

3. You know, the police are very lazy, but this problem is really difficult to handle. I would suggest a private prosecution, and as you described, the husband is not very likely to win.

4. If it really comes to the point of arrest, the public security can ask the local public security where the wife is located for assistance, and there is nothing to worry about.

5. No, it's all in the 21st century, how can it still be a set of ideas about the legacy of the Cultural Revolution =.=|||If you don't admit guilt and have no evidence, you are not guilty, and if you only admit guilt without evidence, you are not guilty!

6. Case filing, investigation, examination and prosecution, public prosecution and trial. It is really difficult for you to meet the requirements of the police to file a case to the extent that there are facts of a crime and criminal responsibility needs to be investigated"There are facts of a crime"This request, so even if they accept it, they will not necessarily file a case. After the case is filed, it is the investigation stage, which is generally to ask the parties some questions or conduct on-site investigation (your situation is estimated to be impossible to find out.)

Generally speaking, the ordinary time limit after the arrest of a criminal suspect is 2 months, but it is possible for the investigating agency to find an excuse to investigate for a few years, such as doing a psychiatric evaluation for his wife or something. At the end of the investigation, the public security will transfer the case to the procuratorate for review and prosecution, and the time limit is generally one month (which is not necessarily). Arrest is a coercive measure at the investigative stage =.

||You don't even bother to take care of you when you come to the case, and the procuratorate doesn't bother to care about you.

The two-year case of minor injuries is still within the statute of limitations and can be investigated for criminal responsibility.

Reason: Intentional injury causing more than minor injury may be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. The statute of limitations for criminal prosecution is less than five years imprisonment if the statutory maximum penalty is less than five years.

Legal basis: Article 384 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.

Article 87 of the Criminal Law of the People's Republic of China: Where the following period of time has elapsed for a crime, no prosecution has passed: (1) Where the statutory maximum penalty is less than five years imprisonment, five years have elapsed.

The minor injuries will be investigated for five years. If the victim suffers minor injuries and the perpetrator has committed the crime of intentional injury, if the two parties can reach a settlement and the other party is willing to forgive you, you may be exempted from criminal liability. Otherwise, if you fail to reach an agreement, you may face the danger of going to jail.

Of course, if an agreement cannot be reached, a lawyer can be invited to meet with Liang Xing to understand the specific circumstances and charges of the crime, provide legal assistance, and help apply for bail pending trial.

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 yuan.

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.

There are many crimes involved in criminal cases involving minor injuries, and the crime of intentional injury is used as an example, and from the date on which the body of another person is intentionally harmed, the sentence is up to three years imprisonment, short-term detention, or controlled release. If it is not intentional but negligent and causes minor injury, it does not need to bear the responsibility for the rest of the punishment.

[Legal basis].Article 234 of the Criminal Law.

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 Sun Han causes serious injury to others who commit the crime described in the preceding paragraph, a sentence of between three and ten years imprisonment is to be given; 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.

Whoever intentionally inflicts bodily harm on another person causing minor injury to another person is sentenced to up to three years imprisonment, short-term detention or controlled release. According to the provisions of China's laws, in China's civil law, the right to physical health of natural persons is protected by law. In China's criminal law, an act of intentionally injuring another person's body and causing minor injury to another person constitutes the crime of intentional injury, and is sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release in accordance with law.

If serious injury is caused to others, the punishment is relatively severe.

Assault causing minor injuries constitutes the crime of intentional injury and is punishable by up to three years imprisonment, short-term detention or controlled release. In addition to having a criminal record for life, public officials are dismissed from public office and removed from leadership positions. The public security organs are unable to issue a certificate of no criminal record, such as immigration and civil service examinations.

However, if you can reach a settlement with the other party through compensation, you may not be sentenced, provided that your confession and the amount of compensation can satisfy the other party and are willing to settle with you.

Minor injuries generally do not constitute the crime of intentional injury, but may constitute picking quarrels and provoking trouble, and whether it is a criminal case or an administrative public security case depends on the specific circumstances. Where the circumstances are relatively minor, the public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.

Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.

At most, it's a fine.

According to 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, that is, intentionally harming others constitutes a criminal offense. But is it enough to injure another person to constitute a criminal case? It needs to be analyzed on a case-by-case basis.

According to the provisions of the "Provisions on the Handling of Injury Cases by Public Security Organs", if the victim's injuries constitute minor injuries, serious injuries, or death, it needs to be handled in accordance with the relevant provisions of the "Criminal Procedure Law of the People's Republic of China", and the criminal suspect is to be investigated for criminal responsibility. However, where intentional harm to others causes minor injuries, the circumstances are obviously slight and the harm is not great, or the victim's injuries do not reach minor injuries, it is not considered a crime, it does not constitute a criminal case, and shall be given public security administrative punishments in accordance with law. At this point, there are two situations in which intentional injury causes minor injury:

First, the public security organs file a case for investigation, and after the evidence is complete, it is reported to the people's procuratorate for public prosecution, and finally tried by the court. Once the public security organs file a case for investigation and enter into litigation procedures, it means that the intervention of the state's public power means that the state will pursue criminal responsibility for illegal and criminal acts. Second, where intentional injury to another person causes minor injury, but the circumstances are obviously minor and the harm is not great, and it is not considered a crime, it does not constitute a criminal case, and only public security administrative punishment is to be given in accordance with law.

The law stipulates: Article 234 of the Criminal Law of the People's Republic of China Whoever intentionally harms 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 28 of the "Provisions on the Handling of Injury Cases by Public Security Organs"? Where the victim's injuries constitute minor injuries, serious injuries, or death, and it is necessary to pursue the criminal responsibility of the criminal suspect, it is to be handled in accordance with the relevant provisions of the "Criminal Procedure Law of the People's Republic of China".

1. If it is not intentional but negligent, it is not a crime, and it does not bear criminal responsibility, but should bear civil liability for compensation.

2. If it is intentional, it shall bear criminal responsibility, and the statutory penalty is fixed-term imprisonment of not more than 3 years, short-term detention or controlled release. In judicial practice, according to the criminal policy of mitigating misdemeanors, criminal responsibility may not be pursued for those who have no criminal record, confess guilt, actively compensate, and obtain the victim's forgiveness. If forgiveness cannot be obtained after compensation, the court may consider imposing a suspended sentence.

1. If it constitutes a minor injury but does not necessarily constitute a crime, is it a crime of justified defense or negligence?

2. If the crime of intentional injury is constituted, it will be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

You can entrust this lawyer to act as the defender of the case and defend the rights of the criminal suspect.

The criminal offense constitutes minor injuries and is sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Anyone who intentionally injures another person and causes minor injuries may be sentenced to up to three years imprisonment, short-term detention or controlled release to the criminal high-level elements.

Article 234 of the Criminal Law of the People's Republic of China [Crime of 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.