-
1. This case constitutes the crime of intentional injury, and the first paragraph of article 234 of the Criminal Law of the People's Republic of China provides: 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. Assaulting another person resulted in six stitches on the head.
where the consequences of minor injuries are reached, they shall be sentenced to up to three years imprisonment, short-term detention or controlled release in accordance with law.
2. How much compensation is required? Article 36 of the Criminal Law stipulates: "Where the victim suffers economic losses as a result of a criminal act, the criminal shall be sentenced to compensation for economic losses in addition to criminal punishment in accordance with law."
The victim in this case may initiate a civil lawsuit attached to the criminal case in accordance with law. There are generally the following two ways to resolve the settlement of civil compensation attached to criminal cases in accordance with law. 1. The perpetrator and the victim shall mediate on the premise that both parties are willing to pay civil compensation for the injury.
2. In the event that mediation fails, the court shall make a judgment and ruling based on the facts. At present, there is no uniform amount of compensation for the crime of injury, which must be determined according to the economic situation of each province and locality. (The standard is the same in the same province), specifically the compensation has the following aspects:
Medical expenses and appraisal expenses caused by the injury, wages for lost work due to nursing of the injured, travel expenses for medical treatment, nutrition expenses, etc. So how much is the compensation for what you asked? It is calculated according to specific criteria.
Therefore, you cannot be given a specific amount.
-
Wrong. Minor injuries or more are considered criminal cases. If the other party refuses to mediate, a sentence will be imposed. There are many factors that contribute to the amount of loss, such as the difference between large cities and rural areas.
-
Minor injuries are not criminal cases, are not punished as crimes, and no sentence is required.
Detention for up to 15 days.
There is no specific standard for the amount of compensation, and it can be negotiated by the individual, and if the negotiation fails, a lawsuit can be brought to the court for judgment.
Generally, we support expenses such as medical expenses and lost work expenses.
-
Minor injuries are criminal cases, if you report the police station will take the other party into criminal detention, and then send it to the procuratorate for prosecution, in the court prosecution stage, you can file a criminal attached civil lawsuit, in addition to pursuing the criminal responsibility of the other party, you can also claim compensation for your medical expenses and lost work expenses, car fares, nutrition expenses and your family's nursing expenses, and because of the loss of work expenses for taking care of you, other mental loss expenses are gone (because criminal punishment has been taken against him, which means that your mental compensation has been made), You can calculate your medical expenses and lost work expenses, nutrition expenses and your family's nursing expenses, etc., to see how much, and then negotiate with the other party, if he gives you more money, you can give him understanding, in the litigation stage, your attitude will play a big role in his sentencing.
-
The exact amount of compensation depends on the judgment of the local civil court!
-
The so-called minor injury refers to the injury that has not yet constituted a serious injury and is not a minor injury due to various external factors such as physical, chemical and biological factors acting on the human body, causing a certain degree of damage to the structure of tissues and organs or partial dysfunction.
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, 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 234-1 Whoever organizes others to sell human organs is sentenced to up to five years imprisonment and a concurrent fine; where the circumstances are serious, a sentence of five or more years imprisonment and a concurrent fine or confiscation of property is to be given. Whoever removes his or her organs without his consent, or from a person under the age of 18, or forces or deceives others into donating organs, is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.
Where organs from corpses are removed against the person's prior wishes, or where the person did not express their consent before their death, violating state regulations, and harvesting their corpse organs against the wishes of their close relatives, it is to be convicted and punished in accordance with the provisions of article 302 of this Law.
-
Not necessarily enough.
Criteria for minor head injuries:
Article 5 Thymodeal subaponeurosis hematoma.
Scalp avulsion up to 20 square centimeters back (up to 10 square centimeters for children) A; Traumatic defects of the scalp are up to 10 square centimeters (5 square centimeters in children).
The cumulative length of the sixth scalp sharp wound is up to 8 cm, and the wound is up to 6 cm for children; The cumulative length of blunt wounds is up to 6 cm, and in children up to 4 cm.
Seventh, simple fracture of the skull.
Article 8 Head injury confirms transient disturbance of consciousness and amnesia.
-
You can pursue the administrative and civil liability of the infringer in accordance with the law. The infringer has violated the Law on the Administration of Public Security Penalties by beating you slightly, and you can be administratively detained and fined. The losses caused to you shall also be compensated in accordance with the law.
The scope of compensation includes lost work expenses, medical expenses, appraisal fees, hospital meal subsidies, etc. Lost time pay is calculated based on your actual earnings and the number of days lost.
-
This should be considered a minor injury:
Identification standards in our country.
Chapter I: General Provisions.
Article 1: In accordance with article 95 of the Criminal Law of the People's Republic of China, these standards are based on the theories and techniques of medicine and forensic science, combined with the practical experience of our nation's forensic medical examinations, to provide a scientific basis and uniform standards for the evaluation of serious injuries.
Article 2: Serious injuries refer to injuries that cause a person's limbs to be disabled, disfigured, deaf, visual, or function of other organs, or otherwise cause serious harm to their physical health.
Article 3 To assess the degree of injury, it is necessary to adhere to the principle of seeking truth from facts, and to analyze the specific injury.
The extent of the injury includes the original lesion at the time of the injury, complications directly related to the injury, and the sequelae of the injury.
When appraising, a comprehensive analysis and assessment should be made based on the injuries at the time of the injury and the consequences or outcomes of the injury.
Article 4: Evaluators for assessing the extent of injuries shall be forensic physicians or persons with forensic science evaluation qualifications, and may also be appointed by an attending physician or higher retained or hired by a judicial organ. During the evaluation, the evaluator has the right to learn about the circumstances of the case related to the injury, to review the case file and medical records, and to inspect the scene, and the relevant units have the responsibility to cooperate. Evaluators shall comply with relevant laws and regulations and keep the case confidential.
Article 5: The evaluation of the extent of the injury shall be completed before the judgment.
-
Go to the hospital for an appraisal, you know...
-
Article 119 of the General Principles of the Civil Law stipulates that a person who infringes upon a citizen's body and causes injury shall be compensated for medical expenses, loss of income due to lost work, living allowance for the disabled and other expenses; where death is caused, funeral expenses and necessary living expenses for those supported by the deceased during his lifetime shall be paid.
The specific items of general injuries include medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies, nutrition expenses, and if the disability can be assessed, you can claim compensation for disability compensation and living expenses of dependents.
-
Damages include: medical expenses, lost work expenses, hospital meal allowances, transportation expenses, and accommodation expenses. If you are unable to take care of yourself, there is also nursing expenses, and if the disability level is determined after evaluation, there are also living allowances for the disabled, disability equipment, and living expenses for dependents.
In addition, there is the issue of the sharing of responsibilities for the consideration of this matter.