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Those who intentionally injure the body of 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.
Those who have any of the circumstances provided for in paragraph 2 of Article 43 of the "Public Security Administration Punishment Law" shall be detained for not less than 10 days but not more than 15 days and shall also be fined not less than 500 yuan but not more than 1,000 yuan.
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.
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.
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Hello, if it is identified as a minor injury, then it is only a public security punishment. Mediation may be conducted, or the perpetrator may be subject to administrative punishment in accordance with article 43 of the "Public Security Administration Punishment Law", and the victim may be allowed to file a lawsuit in court for relevant civil compensation.
If you don't understand the place to search online - the legal consultation post bar can ask the above lawyer expert in detail. Gratuitous.
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Legal analysis: Minor slip and burial injuries do not constitute criminal cases, and there is no criminal liability, only administrative liability (public security punishment) and civil liability. Generally, minor injuries can be mediated by the public security, and no punishment will be imposed after the mediation agreement is reached; If mediation fails, a fine or administrative detention for up to 15 days may be imposed.
Legal basis: Article 43 of the "Law of the People's Republic of China on Public Security Administration Punishments" Whoever assaults another person or intentionally injures another person's body 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 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 Qing people at a time.
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1. Minor injuries do not constitute a criminal case, and there is no criminal liability, only administrative liability (public security punishment) and civil liability. Generally, minor injuries can be mediated by the public security, and no punishment will be imposed after the mediation agreement is reached, and if the mediation fails, a fine or administrative detention of up to 15 days can be imposed.
2. Detention or fine:
1) The punishment of public security on both sides should be decided by the county-level public security bureau, not an issue that you "raise" or not raise.
2) Detention is between 5 and 10 days, and if you are disabled or under the age of 14, the detention can be between 10 and 15 days.
3) The fine can be between 200 and 500 yuan, and serious 500 yuan and 1,000 yuan.
4) It is possible to detain and fine at the same time, that is, to impose a concurrent fine.
The basis is: Article 43 of the "Public Security Punishment Law": "Whoever beats 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; 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 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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Forensic identification of scalp wounds (e.g. kitchen knives, machetes) 8 cm, blunt force injuries (e.g., bricks, baseball bats, etc.) 6 cm constitute minor injuries, and your scalp injuries are 5 cm, if there is no skull fracture, this wound alone does not constitute a minor injury. Your scalp injury is based on the criteria for the identification of minor injuries of personal injury, and the conclusion of the appraisal is that it is a minor injury.
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Minor injuries violated the Public Security Administration Punishment Law and should be placed under administrative detention.
However, the judicial practice is that the police station will do mediation, and if the offender pays a certain amount of economic compensation to the victim, and the victim forgives, the mediation is successful, and the police station will not punish it.
If mediation fails, the police station will directly detain the offender.
In this case, the victim can file a civil lawsuit with the local district or county court to claim compensation for medical expenses, etc.
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In terms of administrative punishment, see if it is necessary to give administrative detention punishment.
The economic part helps to mediate, and if the mediation fails, the lawsuit will be resolved.
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Gang assault others causing minor injuries, violating the "Public Security Administration Punishment Law", and shall be detained for not less than 10 days but not more than 15 days, and shall also be fined not less than 500 yuan but not more than 1,000 yuan.
Article 188 of the Civil Code of the People's Republic of China: The statute of limitations for requesting protection of civil rights from the people's courts is three years. Where the law provides otherwise, follow those provisions.
Criminal Law of the People's Republic of China
Article 87: Crimes are not to be prosecuted after the following time periods:
1) Where the legally-prescribed maximum sentence is less than 5 years imprisonment, 5 years have elapsed;
2) Where the legally-prescribed maximum sentence is between 5 and 10 years imprisonment, 10 years have passed;
3) Where the legally-prescribed maximum sentence is 10 years or more imprisonment, 15 years have elapsed;
4) Where the statutory maximum sentence is life imprisonment or death, 20 years have elapsed. If it is found necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval.
Article 234:Whoever intentionally injures the body of another person shall 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.
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It is a public order case.
If it is not handled, it can be prosecuted.
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Legal analysis: Minor injuries do not constitute a criminal case, there is no criminal liability, only administrative liability (public security punishment) and civil liability. Generally, minor injuries can be mediated by the public security, and after the mediation agreement is reached, no punishment will be imposed, and if the mediation fails, a fine or administrative detention of up to 15 days may be imposed.
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.
About 400,000! Not necessarily, this compensation is calculated according to the average salary of the local area, and you can find a lawyer and ask him to calculate it. If you have been hospitalized and have your spleen removed, you can pay for nutrition and mental damage.
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