The fight went but it didn t fight in the legal senses

Updated on society 2024-03-24
6 answers
  1. Anonymous users2024-02-07

    You went to steal something with a person, you didn't steal, you just waited or helped to look out for the wind, how do you characterize it? Of course the accomplice to the theft.

    Fighting and injuring people is the same responsibility as you, just lightly.

  2. Anonymous users2024-02-06

    First, the victim should promptly report to the police, and then conduct a forensic medical evaluation, based on the results of which the legal responsibility of the beater is decided.

    1. If the injury is slight, the public security organ shall impose a public security penalty on the beater, and bear the victim's medical expenses, lost work expenses, and other expenses.

    Article 43 of the Public Security Administration Punishment Law: "Whoever assaults another person, or intentionally injures the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

    1) Gang up to beat or injure others;

    2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

    3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time. ”

    2. If the evaluation result is a minor injury, the public security organs shall file a case for investigation and pursue the criminal responsibility of the beater. If the public security organ refuses to file a case, it may file a private criminal prosecution in the people's court and demand that the perpetrator be investigated for criminal responsibility. Regardless of whether it is a public prosecution or a private prosecution, an attached civil lawsuit can be filed at the same time to demand compensation for medical expenses and other expenses from the other party.

    Article 234 of the Criminal Law [Crime of Intentional Injury] 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 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.

    3. The scope of civil compensation is based on the provisions of 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], including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and so forth.

  3. Anonymous users2024-02-05

    1. In case of fighting, the first thing to do is to call the police in time, and even if there is no monitoring, you can collect witness testimony and evidence from all sides. However, if there is no evidence, there is no way to deal with it, and the public security organs generally mediate.

    2. Victims of fights and brawls should promptly report to the police, and the public security organs are to determine the nature of the case after accepting and reviewing them, and those that meet the standards for filing a case should conduct an investigation and collect evidence through investigative means to obtain relevant evidence, so as to pursue the legal responsibility of the beater. The victim should actively provide clues to the public security organs and assist in solving the case.

    3. Legal basis: Article 64 of the Civil Procedure Law: The parties have the responsibility to provide evidence for their own claims.

    4. The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court deems necessary for the trial of the case.

    5. The people's courts shall comprehensively and objectively review and verify evidence in accordance with legally-prescribed procedures.

  4. Anonymous users2024-02-04

    Anyone who fights or intentionally injures and does not do anything at the scene is not a crime and will not be held legally responsible. However, if the crime of assembling a crowd to fight is constituted, and there is evidence to prove that he is the ringleader or active participant, he shall be punished in accordance with the law.

    Legal basis: Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments beats others, or intentionally injures others, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined between 200 and 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 minutes or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB

    1) Gang up to beat or injure others; 2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

  5. Anonymous users2024-02-03

    In the case of a fight without evidence, the parties only need to report to the public security organs, and the public security organs will collect evidence in accordance with the law and make a public security punishment decision in accordance with the law; If there is no evidence in the court, the parties may actively collect evidence or apply to the court to investigate and collect evidence in accordance with the law.

    Legal basis: Article 78 of the Law of the People's Republic of China on Public Security Administration Punishments: After a public security organ accepts a report, accusation, report, or surrender, it finds that it is a violation of the administration of public security, it shall immediately conduct an investigation; Where it is found that it is not a violation of the administration of public security, the person making the report, the accuser, the informant, or the person who surrenders shall be notified, and the reasons shall be explained. Article 79: Public security organs and their people's police shall conduct investigations of public security cases in accordance with law.

    Article 99: The time limit for public security organs to handle public security cases must not exceed 30 days from the date on which they accept it; Where the case is major or complicated, an extension of 30 days may be granted upon approval by the public security organ at the level above. The period for conducting evaluations in order to ascertain the facts of the case is not included in the time limit for handling public security cases.

  6. Anonymous users2024-02-02

    In the case of a fight without evidence, the parties only need to report to the public security organs, and the public security organs will collect evidence in accordance with the law and make a decision on public security punishment in accordance with the law, and will generally be detained for not less than 5 days but not more than 10 days, and may also be fined up to 500 yuan; If there is no evidence in the court, the parties may actively collect evidence or apply to the court to investigate and collect evidence in accordance with the law. Article 78 of the "Law of the People's Republic of China on Public Security Administration Punishments" After receiving a report, accusation, report, or surrender, a public security organ shall immediately conduct an investigation if it finds that it is a violation of the administration of public security; Where it is found that it is not a violation of the administration of public security, the person making the report, the accuser, the informant, or the person who surrendered shall be notified, and the reasons shall be explained. Article 79: Public security organs and their people's police shall conduct investigations of public security cases in accordance with law.

    Article 26: Those who commit any of the following conduct are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB: (1) Gang fighting; (2) Chasing or intercepting others; (3) Forcibly taking or arbitrarily destroying or occupying public or private property; (4) Other acts of picking quarrels and provoking troubles.

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