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Those who instigate others to commit crimes shall be punished in accordance with the role he played in the joint crime. The so-called role of the instigator in the joint crime refers to the position of the instigator in the joint crime and its actual harm, that is, the methods, means, and degree of instigation of the instigator, the role played by the instigator in completing the joint crime, and the role he played in the commission of the crime instigated. Since the instigator plays a different role in the joint crime, the degree of harm of his conduct is also different, and the punishment should also be different, and those who play a major role in the joint crime should be punished in accordance with the provisions of the Criminal Law on the punishment of the principal offender.
Article 234 of the Criminal Law of the People's Republic of China stipulates that the act of intentionally and unlawfully harming the body of another person is the crime of intentional injury.
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.
Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Where a victim suffers personal injury, the compensation obligor shall compensate for 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.
Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.
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You and the beater are each half responsible.
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It's easy to reconcile when both parties calm down...I think learn to restrain your emotions. I won't want to lose my temper anymore, of course it's best not to get angry!
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Legal analysis: When fighting with others, there is an injured person on the other side, but it is not the party who fights, and the party does not need Hui Wuchun to bear full responsibility.
Legal basis: Criminal Law of the People's Republic of China
Article 3: Where the law clearly provides that it is a crime, it is to be convicted and sentenced in accordance with law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.
Article 4: All persons who commit crimes are equal in the application of the law. No one is allowed to have privileges beyond the law.
Article 5: The severity of the punishment ordered before punishment shall be commensurate with the crime committed by the criminal and the criminal responsibility he bears.
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Legal Analysis: If a friend hurts someone by acquiescing or not objecting to it, and did not dissuade it at the time, then it may constitute joint infringement with your friend. If you just call a friend to help with the fight, you don't want the friend to get into a physical altercation with someone else.
And it was also discouraged at the time. Friends are bent on hurting others. Generally, it will not constitute joint infringement, and the friend shall bear the tort liability.
Article 1175:Where the damage is caused by a third party, the third party shall bear tort liability.
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Summary. Hello, the "looking for someone" in "looking for someone to fight" refers to gathering, organizing, and causing it, at least it is an illegal act of violating the "Public Security Administration Punishment Law", and it is easy to constitute the "crime of gathering a crowd to fight".
Where a crowd is assembled to fight, the ringleaders and others who actively participate are to be sentenced to up to three years imprisonment, short-term detention or controlled release; In any of the following circumstances, the ringleaders and others who actively participate are to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years:
1) Gathering crowds to fight multiple times;
2) Gathering a crowd to brawl with a large number of people, a large scale, and a vile social impact;
3) Gathering crowds to fight in public places or on major traffic arteries, causing serious disruption of social order;
4) Armed crowds to fight.
I am looking for someone to fight, and the person I am looking for is injured, what responsibility should I bear?
Hello. A lawyer is at your service.
Hello, the "looking for someone" in "looking for someone to fight" refers to gathering, organizing, and causing it, at least it is an illegal act of violating the "Public Security Administration Punishment Law", and it is easy to constitute the "crime of gathering a crowd to fight". Where a crowd is assembled to fight, the ringleaders and others who actively participate are to be sentenced to up to three years imprisonment, short-term detention, or controlled release; In any of the following circumstances, the ringleader and his or her clan members who actively participate are to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years: (1) gathering crowds to fight multiple times; 2) Gathering a crowd to brawl with a large number of people, a large scale, and a vile social impact; 3) Gathering crowds to fight in public places or on major traffic arteries, causing serious disruption of social order; (4) armed people gather to fight.
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Summary. Hello. Legal Analysis:
Someone tells you to fight, and you hurt someone who is more responsible: the responsibility is greater. Intentionally injuring others, causing minor or serious injury to others, constitutes the crime of intentional injury and must bear criminal responsibility.
Instigating others to assault others is a joint crime, and as long as you are over 16 years old, the punishment for the two of you is about the same.
Someone tells you to fight, and whoever is responsible for the injury you injure.
Hello. Legal Analysis: Someone tells you to fight, and you hurt someone who is more responsible:
The responsibility is great. Intentionally injuring others, causing minor or serious injuries to others, constitutes the crime of intentional injury, and must bear criminal responsibility. Instigating others to assault others is a joint crime, and as long as you are over 16 years old, there is not much difference between the punishments for the two of you.
Legal basis: Article 233 of the Criminal Law provides 14 for intentionally harming the body of others, and 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 and causes serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
If there are other provisions in this Law, follow the provisions.
That Lu and Wu others told me to fight, my original intention was to persuade me to fight, but as a result, someone broke my hidden ant face with a stick and gave me four stitches, and after he beat me, I used a stick to crack his brain.
Not counted. You are guilty of the crime of intentional injury
He hit me with a stick first, and then I hit him with a stick.
Not counting. Assault.
Why not.
Is that justifiable self-defense?
Justifiable defense refers to the act taken to stop the unlawful infringement against a person who is committing an unlawful act of aggression and causes damage to the unlawful infringer, which is a legitimate anti-tremor and does not bear criminal responsibility. It is a type of illegal obstruction.
When people told me to fight, my intention was to persuade me to fight.
What did you mean? Did you tell the police letter?
All right! How much impact will I have if I work in a public institution.
There will be a criminal record.
It's troublesome. Friends
At present, we are negotiating privately whether there is a good way to deal with it.
Now we both have injuries, mainly because we are in public institutions, and we are afraid of losing our jobs, but they I feel that they have been trying to blackmail us.
Uh-huh. I see what you mean
Negotiation is the best.
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Someone tells you to fight, and whoever is responsible for the injury you injure.
Hello dear, glad to answer your <>
<> you are most responsible, the crime of intentional injury refers to the act of intentionally harming the body of another person. 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 up to three years imprisonment, short-term detention or controlled release. If the injury is assessed as minor or serious, the perpetrator has committed a crime and will be investigated for criminal responsibility under the Criminal Code.
The sentencing standard is that minor injuries shall be sentenced to up to three years imprisonment, criminal detention or controlled release; Serious injuries are to be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and serious injuries and disabilities to Yan Yingmao are to be sentenced to fixed-term imprisonment of not less than 10 years, imprisonment for a period of time without a slag, or death. If the evaluation result is a slight injury, a public security punishment shall be imposed in accordance with law. It is recommended that you contact the victim and try to obtain the victim's forgiveness.
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Summary. If the injury is slightly injured by a forensic medical examiner, it will bear criminal liability and the corresponding civil liability for compensation.
1. Criminal responsibility: Article 234 of the Criminal Law of the People's Republic of China 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.
2. Civil liability: According to Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the compensation obligor shall compensate the victim for personal injury, and the various 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.
If someone comes to my house to fight, and I beat the other person to a minor injury, what responsibility do I need to bear.
Hello dear! I have seen your question here, and I am trying to sort out the answers of several friends, and I will give you a reply in five minutes, please wait a moment! ^
If the injury is slightly injured by a forensic medical examiner, it will bear criminal liability and the corresponding civil liability for compensation. 1. Criminal responsibility: Article 234 of the Criminal Law of the People's Republic of China 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.
2. Civil liability: According to Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the compensation obligor shall compensate the victim for personal injury, the 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 nutritional expenses that must be delayed. 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.
Regardless of who makes the first move, in accordance with the public security administrative punishment regulations, if the injury is caused to the other party, the loss shall be compensated, and if the victim's injuries are assessed as minor injuries, they shall bear criminal responsibility, and both parties have intentional injuries, and criminal or civil liability shall be pursued in accordance with law in accordance with the results of the injury evaluation as the standard for distinguishing responsibility. 1. If one party injures the other party and the injury is minor, the criminal responsibility of one party shall be pursued for the crime of intentional injury. 2. If the injury reaches a minor injury (above), you can request that the other party be held criminally liable and civil liability; If the injury is minor, the other party can be required to bear civil liability, and if the police station cannot mediate, it can directly go to the court to sue. >>>More
I don't think there's any need to add each other as friends now that you're in this position, and while it's perfectly possible, I don't think it's necessary at all.
It's justified self-defense, but you shouldn't hit someone first. >>>More
If you break your classmate's cup, apologize to your classmates, if your classmates don't need compensation, it's okay, now your classmates want you to compensate, if you think your classmates want you to compensate more, you can buy the same cup to compensate your classmates, or negotiate with your classmates if you can compensate a little less.
If you block the other party, he will no longer be able to see your location and circle of friends, so the system will automatically block you.