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If the case has been filed by the Public Security Bureau, the Public Security Bureau will identify his injuries, and if it constitutes a minor injury, he will be held criminally responsible.
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It depends on who does it first, and if the other party does it first, he can apply to the hospital for a lawsuit to sue him for intentional injury and ask for compensation.
If you do it first, you can also ask the other person to pay for the medicine, but you will also get into trouble.
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1. If the injury is found to be minor or serious through forensic evaluation, according to Article 234 of the Criminal Law, 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 the death of a person or seriously injures a person by especially cruel means and causes serious disability shall 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 a person causing minor injuries shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, or controlled release. 2. According to the provisions of China's Criminal Procedure Law, a minor criminal case proved by evidence is a private prosecution case, and the private prosecution case is mainly to encourage reconciliation, so as long as the plaintiff voluntarily withdraws the lawsuit, the defendant does not have to bear legal responsibility. Therefore, the best way to get a minor injury now is to negotiate compensation with the other party.
In fact, there is no sentencing standard for judicial appraisal of minor injuries, and causing minor injuries to others does not constitute a crime, nor does it need to bear criminal responsibility. However, they should bear a certain fine or administrative detention. If it causes minor or serious injury to another person, it will bear a certain amount of imprisonment.
Therefore, if there is a dispute between the two parties, it is best to resolve it through negotiation, and if it causes damage to others due to the impulsiveness of Yikai, it will also be liable.
Criteria for Identifying the Degree of Human Injury》 Article 5 Minor injuries level 1 1. The cumulative length of the scalp wound or scar is more than 20 cm. 2. The cumulative area of scalp avulsion is more than 50 cm; The scalp defect area is more than 24 cm in total. 3. Depressed or comminuted fracture of the skull.
4. Basilar skull fracture with cerebrospinal fluid leakage. 5. Cerebral contusion (laceration); intracranial hemorrhage; chronic intracranial hematoma; Traumatic subdural effusion. 6. Traumatic hydrocephalus; traumatic intracranial aneurysm; traumatic cerebral infarction; Traumatic intracranial hypotension syndrome.
7. Spinal cord injury causes defecation or urination dysfunction (mild). 8. Spinal cord contusion.
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It can only be determined if a certificate of injury is issued by a professional institution.
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Chapter 3 Limb Injuries Article 20 Limb Injuries Soft tissue contusions account for more than 6% of the total area of the body surface.
Article 23 Hand injury: (1) comminuted fracture of 1 phalanx (excluding the 2nd to 5th phalanges) or linear fracture of 2 phalanges; (2) missing half of the knuckles; (3) Mild contractures, deformities, limited joint movement, or lateral instability after the injury; (4) Scaphoid fracture, lunate dislocation or complete metacarpal fracture.
Article 24 Foot injury: (1) 2 phalanges fracture; (2) Missing 1 toe; (3) 2 fractures of the skull bone; tarsus, talus, calcaneus fractures; Ankle fracture or tarsal dislocation. Except for avulsion fractures.
Article 25 Fracture of long bones of limbs; Patella fractures.
Article 26 Joint dysfunction caused by limb large joint dislocation, partial tear of joint ligament, meniscus injury or scar contracture after limb soft tissue injury.
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Legal Analysis: Minor injury refers to the injury that has not yet constituted a serious injury but 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 or partial dysfunction of the tissue and organ structure
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 the death of a person or seriously injures a person by especially cruel means and causes serious disability shall 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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Hello, glad you asked. This standard is based on the relevant provisions of the Criminal Law of the People's Republic of China, based on the theory and technology of medicine and forensic science, combined with the practical experience of forensic medical examination, to provide a basis for the identification of minor injuries. Article 2 Minor injuries refer to injuries that are caused by physical, chemical, biological and other external factors on the human body, causing a certain degree of damage to the structure of tissues and organs or partial dysfunction, and have not yet constituted serious injuries but are not minor injuries.
Article 4: Evaluators shall be forensic physicians or persons with forensic science evaluation qualifications; It may also be an attending physician or higher hired or retained by a judicial organ. Evaluators have the right to learn about the case, access case files, medical records, and inspect the scene, and the relevant units have the responsibility to cooperate. Evaluators must adhere to the principle of seeking truth from facts, apply scientific testing methods, keep the case secret, and abide by relevant laws and regulations.
Article 5 Subgal aponeurosis hematoma, scalp avulsion area up to 20 square centimeters (children up to 10 square centimeters); Traumatic scalp defects up to 10 square centimeters (5 square centimeters in children). Article 6 The cumulative length of the 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. Article 7 Simple fracture of the skull.
Article 8 Brief disturbance of consciousness and amnesia of recent events confirmed by head injury. Article 9 Eye Injury (1) Eyelid injury affecting the face or function; (2) Simple fracture of the orbital region; (3) Partial injury and dysfunction of the lacrimal organs; (4) Structural damage to part of the eyeball, affecting the face or function; (5) Vision loss caused by injury, corrected visual acuity in both eyes to below (more than the loss of vision before the injury), and monocular corrected visual acuity to the following (more than the decrease in vision before the injury); Patients with low vision in one eye have 1 level of vision loss after injury. mild visual field defects; (6) Traumatic strabismus.
Article 10 Nasal Injury (1) Comminuted fracture of the nasal bone, or linear fracture of the nasal bone accompanied by obvious displacement; (2) Nasal injury that significantly affects the shape or function of the nose. Article 11 Ear Injury (1) Obvious deformation caused by auricular injury; 10% of one pinna defect in one ear, or 15% of one ear in both ears; ii) traumatic tympanic membrane perforation; (3) Narrowing of the external auditory canal due to injury to the external auditory canal, (4) Hearing loss of up to 41 dB in one ear and 30 dB in both ears due to ear injury.
The degree required for specific parts is different, and it needs to be defined according to the injury, I hope it can help you, and I wish you a happy life! [Happy].
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