Minor injuries to surrender have been reconciled, will the suspect be detained at that time? Is it p

Minor injuries have been reconciled, and the suspect will be detained at that time, and the punishment can be lenient.

Article 279 of the Criminal Procedure Law stipulates that in cases where a settlement agreement has been reached, the public security organ may submit a recommendation to the people's procuratorate for leniency. The people's procuratorate may submit a recommendation for lenient punishment to the people's court; Where the circumstances of the crime are minor and no criminal punishment is required, a decision may be made not to prosecute.

The people's court may give a lenient punishment to the defendant in accordance with law.

If the injury is found to be minor by the forensic medical examiner, then the other party's behavior constitutes the crime of intentional injury, and according to the provisions of the Criminal Law, he shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term detention or controlled release. However, a case of intentional injury that causes minor injury is a case of prosecution, and if you do not ask for it, the public security organ may not file a case. However, if you do not have to ask him to bear criminal responsibility, you can settle it through mediation, and if you do so, the amount of compensation will be determined by both of you, and it may not be calculated according to the compensation standard.

If you can't negotiate, he should compensate you for your losses, including medical expenses, appraisal fees, food subsidies during hospitalization, nursing expenses, nutrition expenses, lost work expenses, transportation expenses, etc., but since this case is a criminal case, according to the law, you cannot claim mental damages.

In addition, you do not need to file a separate lawsuit for this matter, and during the investigation process by the public security organ, the public security organ will notify you to submit an attached civil complaint, and you can write one yourself or ask a lawyer to submit it to the public security organ. There is no legal fee.

Legal analysis: Minor injuries are private prosecution cases, and they will not be dealt with if they are not told. After a settlement is reached, the person who has already been detained shall be released; If there is no detention, it is possible not to detain it.

Legal basis: Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments Anyone who assaults others or intentionally harms others shall be detained for not less than 5 days but not more than 10 days, and shall 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. 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 a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

Minor injuries caused by a fight are public security detention and fall within the scope of the Public Security Administration Punishment Law. If the offense is committed, then criminal detention will be involved. According to Article 43 of the Law on Public Security Administration Punishments:

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 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 beating or injuring others; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others; If more than minor injuries are caused, the crime of intentional injury is constituted and a sentence is to be imposed.

Sentenced in accordance with the following provisions: Article 234 [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 sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Where this Law provides otherwise, follow those provisions.

Article 286 of the Criminal Procedure Law: Where a person was under the age of 18 at the time of the crime and was sentenced to up to five years imprisonment, the relevant criminal record shall be sealed. Where criminal records have been sealed, they must not be provided to any unit or individual, except where judicial organs are needed to handle the case or where relevant units conduct inquiries in accordance with state provisions. Units conducting inquiries in accordance with law shall keep confidential the circumstances of the sealed criminal records.

Legal Analysis: If the injury is assessed as a minor injury, it constitutes assault or intentional injury as stipulated in Article 43 of the Public Security Administration Punishment Law. If they do not agree to a mediation settlement, they may request that the public security organs impose a penalty in accordance with this Law.

Legal basis: Public Security Administration Punishment Law of the People's Republic of China Article 43 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 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.

1) Gang up to beat or injure others;

(2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60;

3) Repeatedly beating or injuring others, or beating or injuring multiple people at one time.

The victim may also claim compensation for personal injury. If the public security organs in Sun Chang fail to solve the problem, they may go to the court to resolve it through litigation after the public security organs make a decision on punishment.

Legal analysis: Minor injuries are private prosecution cases, and they will not be dealt with if they are not told. After the settlement is reached, the person who has already been detained should be released; If there is no detention, it is possible not to detain it.

Legal basis: Public Security Administration Punishment Law of the People's Republic of China Article 43 Whoever beats another person or intentionally harms another person's body shall be detained for not less than 5 days but not more than 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. Those who have any of the following circumstances 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 a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.