Can I still mediate if I reach a serious injury?

No matter what kind of injury is achieved, the civil compensation part can be mediated, and if the mediation is successful, the punishment will be appropriately reduced when the court sentencs.

However, in the case of criminal liability authorities, mediation does not apply. The state judicial organs are to pursue the case in accordance with the provisions of law.

LZ is more layman to the law, whether the serious injury or not does not affect the court's application of mediation, and the traffic accident death is also applicable to mediation.

The applicability of conciliation depends on the nature of the case.

Let's talk briefly about the general rules.

1. Civil cases: mediation according to the wishes of both parties.

2 Administrative cases: mediation is not applicable.

3 Criminal cases: Mediation is only applicable to some private prosecution cases and a small number of public prosecution cases, but civil litigation attached to criminal cases can be mediated.

Judging from your description, your case has entered the stage of filing and investigation, and the next step is to prosecute. Your boyfriend's behavior is heinous and has a great impact, and according to the principles of law, he should be investigated for criminal responsibility, and mediation is not applicable.

However, Chinese society is a society governed by man, and everything is possible. If you can get the support of the victims, do more work and spend more money, you may be able to erase this matter (i.e., prevent the Public Security Bureau from transferring the case materials to the procuratorate).

As a reminder, it's best to erase it, and if the court sentences you, even the most favorable charge of negligent injury will have a terrible sentence.

Ah, I didn't see it clearly, it has been transferred to the procuratorate, so it is estimated that it will be prosecuted. The work of the prosecutor's office is very difficult.

Only minor injuries have a system of mediation and non-prosecution, and serious injuries must be prosecuted.

Your request has no effect. If the injured person himself requests not to be prosecuted, a light sentence will be considered at the time of trial.

If it is a serious injury, then it constitutes the crime of intentional injury, which is a criminal offence. A criminal offence cannot be mediated by both parties. The procuratorate must file a public prosecution with the court.

1. Can serious injuries be mediated?

1. Where a serious injury has already been filed and investigated, the civil part may be mediated, but the criminal part cannot be mediated. Where a mediation agreement is reached in the civil part, it may impact the severity of sentencing. If there is no police case filed, there is basically no major problem in privately mediating the economic compensation agreement of Lu Cheng.

2. Legal basis: Article 280 of the Criminal Procedure Law of the People's Republic of China contains eight articles.

Scope of application of settlement agreements] In the following public prosecution cases, where the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through methods such as compensating the victim for losses or making formal apologies, and the victim voluntarily settles, both parties may settle:

1) Cases arising from civil disputes that are suspected of crimes provided for in chapters 4 and 5 of the Criminal Law's special provisions, and might be sentenced to up to three years imprisonment;

2) Cases of crimes of negligence other than crimes of dereliction of duty that might be sentenced to up to 7 years imprisonment.

Where criminal suspects or defendants have intentionally committed crimes within 5 years, the procedures provided for in this chapter do not apply.

2. Can mediation be entrusted?

Mediation can be commissioned. Entrusting mediation is an effective way for the people's courts to resolve social contradictions and disputes, with the development of society, the people's awareness of rights is gradually improving, in order to resolve social contradictions and disputes, promote social harmony and stability, and reduce the work pressure of the people's courts, the people's courts must adapt to the requirements of social development, according to the complex and diverse characteristics of social contradictions, actively explore new contradiction resolution mechanisms, innovate mediation work mechanisms, and actively expand mediation channels, it is very necessary.

Mediation is possible, and the parties must settle voluntarily.

Where serious injuries constitute a crime and a case has already been filed and investigated, only the civil part can be mediated, but the criminal part cannot be mediated, and where there is an agreement, the criminal part is not destructive.

In addition, where a mediation agreement is reached in the civil part, it may affect the severity of the sentence. If there is no case filed with the police, there is basically no major problem in reaching an agreement on economic compensation through private mediation, but when the victim later repents, it is inevitable that the perpetrator will bear criminal responsibility.

Intentional injury causing serious injury may be settled between the two parties, and the punishment may be mitigated. However, criminal responsibility must be pursued, and the minimum sentence is more than three years in prison.

Criminal conciliation refers to a method in which victims and criminal suspects or defendants are directly communicated and negotiated together through mediators or other organizations in the course of criminal proceedings.

In fact, according to the law, if the parties reach a mediation agreement, the public security organ can propose a lenient punishment to the procuratorate.

Legal basis: Criminal Law of the People's Republic of China

Article 135 of the second Min Yu regiment.

Whoever negligently injures another person causing serious injury is to be sentenced to up to three years imprisonment or short-term detention. Where this Law provides otherwise, follow those provisions.

Article 234.

Whoever intentionally injures the body of another person is to 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 there are other provisions in this Law, follow those provisions.

Whether there is a serious injury or not does not affect the court's application of mediation, and mediation is also applicable to the person killed in a traffic accident. Civil Hongyecong case: mediation according to the wishes of both parties; Criminal Cases:

Mediation is only applicable to some private prosecutions and a small number of public prosecution cases, but civil litigation incidental to criminal cases may be mediated.

Article 103 of the Criminal Procedure Law of the People's Republic of China: People's courts hearing civil litigation cases may conduct mediation, or make judgments or rulings based on the material losses. Article 212 of the Criminal Procedure Law of the People's Republic of China provides that the people's courts may conduct mediation in private prosecution cases; Before the judgment is announced, the private prosecutor may settle with the defendant or withdraw the private prosecution. Mediation is not applicable to cases provided for in paragraph 3 of article 210 of this Law.

Where the defendant is detained during the time period for people's courts to hear private prosecution cases, apply the provisions of paragraphs 1 and 2 of article 208 of this Law; and where they are not detained, the verdict shall be announced within 6 months of acceptance.