What should I do if I have reported the case to the police station to record a confession, but I hav

Q: What should I do if I was beaten to the second degree of minor injury, and the police station did not arrest the person for more than 20 days on the grounds that the details of the case had not been clarified?

Hunan-Changde2018-06-27 08:56:21Criminal defense.

3 in total. Lawyer Zhang Rui consulted me.

Lawyer Zhang Rui. 2018-06-27 09:19:17Answer.

Hello, first call the police, the public security organs will investigate and deal with it, and the public security organs will entrust the victim's injuries to make an appraisal, if the appraisal conclusion is more than minor injuries, the perpetrator needs to bear criminal responsibility. It is recommended that the victim be hospitalized**, and the specific amount of compensation can be determined only after the hospitalization** is completed, and the determination of the amount of compensation is based on several aspects: first, the age of the victim and the age structure of his family members; second, the level of disability of the victim; (3) the victim's habitual residence and main income; Fourth, whether to continue to ** and **, etc., the legal issues are indeed very complicated, and the criteria for the evaluation of disability levels are quite complex, and they are distinguished by mental, physiological and anatomical abnormalities and the resulting loss of life, work and social activities to varying degrees. There are also many factors that cannot be used as a basis for the lawyer's analysis, and only an application to the court for appraisal after filing a lawsuit can be used as an effective basis for legal compensation.

Lawyer Luo Weiqing consulted me.

Lawyer Luo Weiqing.

2018-06-27 09:24:02Answer.

The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. The specific amount needs to be calculated and determined.

Lawyer Wu Junan consulted me.

Lawyer Wu Junan.

2018-06-27 09:11:33Answer.

According to the law, in the event of an injury case, the police shall be promptly reported to the police, and after discharge, the police station shall be required to issue an injury evaluation letter for the injury evaluation, and after evaluation, if the injury is minor, it can only be handled as an ordinary public security case, and the police station may detain the perpetrator for 15 days and fine 500 yuan; If it constitutes a minor injury, the perpetrator is suspected of the crime of intentional injury and needs to bear criminal responsibility.

In this case, you can only try to urge the public security organs more.

Legal analysis: According to the provisions of China's "Criminal Procedure Law", if the public security organ records a confession after interrogating a suspect in Xianyanxing, after transferring the case to the procuratorate, the procuratorate may interrogate the suspect and record a confession if the procuratorate finds it necessary to continue the investigation.

Legal basis: Article 108 of the Criminal Procedure Law of the People's Republic of China: Any single field assignment or individual who discovers the facts of a crime or a criminal suspect has the right and obligation to report or report the case to the public security organs, people's procuratorates, or people's courts.

Article 110: People's courts, people's procuratorates, or public security organs shall promptly conduct a review of materials on reports, accusations, reports, and voluntary surrenders in accordance with the scope of their jurisdiction, and shall file a case when they find that there are facts of a crime that need to be pursued for criminal responsibility; When it is found that there are no facts of a crime, or that the facts of the crime are obviously minor, and it is not necessary to pursue criminal responsibility, the case is not to be filed, and the accuser is to be notified of the reasons for not filing the case. If the accuser is not satisfied, he may apply for reconsideration.

Article 111: If the People's Procuratorate believes that the public security organ has not filed and investigated a case that should be filed and investigated, or if the victim believes that the public security organ has not filed and investigated a case that should be filed and investigated, and submits it to the People's Procuratorate, the People's Procuratorate shall request that the public security organ explain the reasons for not filing the case. Where the people's procuratorate finds that the public security organ's reasons for not filing a case cannot be sustained, it shall notify the public security organ to file the case, and the public security organ shall file the case after receiving the notice. After receiving the notice, the public security organs shall file the case.

1. There is no basis for the police station not to deal with it.

2. The correct way to deal with it is that the police station will first let you mediate, and after reaching a compensation agreement, the police station will no longer deal with it, otherwise the police station will detain the beater for 5 to 15 days and fine, and you can file a lawsuit in the court according to the public security detention notice, and require the beater to compensate for losses, including medical expenses, lost work expenses, nursing expenses and other expenses.