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It's justified self-defense, but you shouldn't hit someone first.
Medical expenses are compensated.
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If you hit someone first, you will be detained by the Public Security Bureau and fined, after he cuts you, you are considered justified defense, he is slightly injured but you are seriously injured, detention, fines are inevitable, I think you will also go to the hospital to make an injury report to compensate for it will not be too much,
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You don't have any liability.
The first is that it provoked (to your loved ones) and fought back out of righteous indignation, without causing more damage than necessary (as evidenced by the fact that it can also chase you with a knife).
Then, it slashes you with a knife, and you are in legitimate self-defense. When someone uses a knife that may threaten your life and health, you put them down to grab the knife and lose their aggression after they fall, you do not continue to attack them, so your defense is not excessive!
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You don't need to pay compensation, at most you will be educated, and you don't need to pay for the second half, which is legitimate defense.
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It should be considered justified defense.。。
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1. According to Article 11 of the "Appraisal Standards for Minor Human Injuries (Trial)", ear injury (2) traumatic tympanic membrane perforation; If you're talking about traumatic tympanic membrane perforation, the degree of injury is minor.
2. Whoever intentionally harms another person's body on the basis of article 234 of the Criminal Law is to 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 fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
In layman's terms, a person who intentionally injures and causes minor injuries can be sentenced to fixed-term imprisonment of not more than three years, short-term detention or public surveillance.
3. There are two situations in which intentional injury causes minor injury: First, the public security organ files a case for investigation, and after the evidence is complete, it is reported to the people's procuratorate for 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.
Public prosecution cases cannot be private. Second, China's Criminal Procedure Law stipulates that minor criminal cases with evidence are private prosecution cases, and private prosecution cases are mainly to encourage reconciliation, and as long as the plaintiff voluntarily withdraws the lawsuit, the defendant does not have to bear legal responsibility.
Fourth, the best thing you can do at the moment is to negotiate financial compensation with the victim so that the victim will not be prosecuted.
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If you cause minor injuries as a result of assaulting another person, you may be liable for the following legal liabilities under the Criminal Law of China:
Reimbursement for the victim's medical expenses: You are responsible for the victim's medical expenses incurred as a result of the injury.
Compensation for moral damages to victims: If victims suffer moral damages as a result of your actions, you are also liable to compensate.
Legal liability: If your actions are found to be a crime, you will face criminal liability. According to China's criminal law, the sentence for intentionally causing minor injury to another person is generally up to three years in prison or criminal detention.
Please note that assaulting others is a serious offense and should be avoided in any case. If you need further legal advice, please consult a lawyer.
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I want to beat him too! In fact, many things do not have to be dealt with according to the logic of the law. 1. If you don't want to pay for it, then don't pay it first, wait for him to sue, and then assert the legal facts about your girlfriend to the judge.
However, in this case, you will lose the lawsuit and have to pay the legal fees, and the judgment of this matter is obviously unfavorable to the landlord. 2. This case does not belong to intentional injury, but to a relatively small degree of intentional assault, which is only an ordinary civil case, so no criminal judgment will be made, and there is no need to go to prison, it is not so serious. Generally, it will be administrative detention, or it will be reformed.
3. In fact, in the end, I still think that compensation is better, I agree with your approach, you can take into account your parents, and take responsibility for yourself This is a man's practice, which is commendable. But does the landlord consider how sad your parents will be if you go to jail for it? People who have been in prison have a "record", what about your future, have you thought about it?
In this case, how will you repay your parents who have raised you for so many years in the future! What should be done, the landlord has to figure it out for himself. I just want to give one word of advice:
Don't be pretentious. I hope you can calm your emotions before you think about other things.
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Beating a person to a minor injury is suspected of the crime of intentional injury and is subject to criminal responsibility. Article 25 of the Criminal Law [Concept of Joint Crime] A joint crime refers to two or more persons committing a joint intentional crime. Where two or more persons commit a crime of joint negligence, it is not to be treated as a joint crime; Those who shall bear criminal responsibility are to be punished separately according to the crimes they committed.
Article 26: [Principal Offenders] Those who organize or lead criminal groups to carry out criminal activities, or who play a major role in a joint crime, are the principal offenders. A relatively fixed criminal organization formed by three or more persons for the purpose of jointly committing a crime is a criminal group. The ringleaders who organize or lead a criminal group are to be punished in accordance with all the crimes committed by the group.
Principal offenders other than those provided for in paragraph 3 shall be punished in accordance with all crimes in which they participated, organized, or directed. Article 27: [Accomplices]Those who play a secondary or auxiliary role in a joint crime are accomplices. For accomplices, punishment shall be mitigated, commuted, or waived.
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 and detention for 5f
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Legal Analysis: A fight that causes minor injuries constitutes the crime of intentional injury and requires criminal liability.
Legal basis: 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 and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, or where serious injury is caused by especially cruel means, or serious disability, the sentence is to be 10 or more years imprisonment, life imprisonment or death. Where this Law provides otherwise, follow those provisions.
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Summary. Hello, I am a cooperating lawyer and have received your question.
If you are slightly injured, what legal responsibility will the other party bear?
Hello, I am a cooperating lawyer and have received your question.
shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release in accordance with law. Where intentional injury causes minor injury, the crime of intentional injury is constituted, and the statutory sentence is up to three years imprisonment, short-term detention, or controlled release. If compensation can be made to the victim, a lighter punishment may be given at sentencing; If no compensation is made, the court shall impose a corresponding penalty in accordance with the law on the basis of other specific circumstances of the crime.
If it constitutes a minor injury, the person who beats the person shall bear criminal responsibility and shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or public surveillance. However, whether or not to impose a sentence needs to be analyzed on a case-by-case basis.
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If there are no other circumstances, but the victim is beaten and other violations are carried out, causing minor injuries, and the perpetrator is suspected of the crime of intentional injury.
According to article 234 of the Criminal Law, intentional injury to another person is constituted only when the legal standard of minor injury or serious injury is met, and the crime of intentional injury is filed.
Sentencing Standards for the Crime of Intentional Injury].
Whoever commits the crime of intentional injury is to be sentenced to up to 3 years imprisonment, short-term detention or controlled release.
Whoever commits the crime of intentional injury and causes serious injury shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
Whoever intentionally inflicts bodily harm on another person, causing death, or seriously injuring another 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.
Reference points for fixed-term imprisonment, short-term detention, and controlled release of up to three years].
1) Where intentional injury causes minor injury to one person, the injury is close to a slight injury, the social impact is not great, the victim is at fault, or the defendant fully compensates the victim for economic losses, it is a short-term detention sentence or controlled release sentence;
2) Intentionally injuring the body of another person, and although it constitutes a slight injury, but the injury is close to a slight injury, it is to be 6 months imprisonment; if the injury is between mild and severe, it shall be sentenced to one year's imprisonment; where the injury is close to serious injury, the sentence is one year and six months imprisonment.
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If the injury is slight, the other party will bear criminal responsibility, which generally constitutes the crime of intentional injury, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also bear civil liability for compensation. According to Article 234 of the Criminal Law [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. Article 43 of the "Public Security Administration Punishment Law" 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 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 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, or beating or injuring multiple people at a time.
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