Wounded person detention bail and follow up questions, can minor injuries be detained on bail

In this case, if you are detained, it must be criminal detention, and it is necessary to detain for 30 days, and according to the evidence and circumstances, it is necessary to apply to the procuratorate for approval of arrest, and then arrest, transfer the case, and pronounce the sentence.

If, after being detained, your friend's family members apply to the public security organs for release on bail pending further investigation, and the public security organs agree to release them on bail pending further investigation, and the deposit paid can be returned in full after the release on bail is over, as long as the provisions are not violated during the period of release on bail. The specific amount is to be determined by the public security organs.

It is not impossible to conclude a case because it cannot find the other two, unless there is insufficient evidence, and the other two must be found. If the evidence is sufficient, the judgment will be pronounced through legal procedures, usually 4-5 months, and the court will pronounce the judgment according to the actual situation, if the injury is minor for less than 3 years, and if the injury is serious, it will be more than 3 years. Compensation in civil matters may be considered in the judgment, that is, the sentence is lighter.

The key is the victim's injury, if it is an administrative case, the detention will not exceed 14 days, if it is a criminal case, it may be a little longer, if it is serious, it may be sentenced.

In my opinion, this is just an ordinary public security case, and it has not reached the level of violating the criminal law, so it is better to call your friend back and compensate for the medical expenses, and it will generally be fine.

Legal analysis: Generally speaking, "bail" refers to taking Yan without bail, as long as the fighting Lu Sheng detention meets the conditions for release on bail pending trial.

Legal basis: "The Criminal Law of the People's Republic of China" Article 234 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 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.

Criminal suspects who may be sentenced to short-term detention or fixed-term imprisonment may apply for release on guarantee pending further investigation on the basis of relevant provisions, and the period for release on guarantee pending further investigation is not to exceed 12 months, and is generally to be enforced by the public security organs.

1. Can a person detained for minor injuries sustained in a fight be released on bail pending further investigation?

OK. The people's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Code of Criminal Procedure

Article 79.

People's courts, people's procuratorates, and public security organs must not release criminal suspects or defendants on guarantee pending further investigation for a maximum of 12 months, and residential surveillance must not exceed 6 months.

During the period of release on guarantee pending further investigation or residential surveillance, the investigation, prosecution, and trial of the case must not be interrupted. Where it is discovered that criminal responsibility should not be pursued or that the period of release on guarantee pending further investigation or residential surveillance has expired, release on guarantee pending further investigation shall be promptly lifted, and the detention shall be held in accordance with the residence. In the case of release on guarantee pending further investigation or residential surveillance, the person released on guarantee pending further investigation or residential surveillance and the relevant units shall be promptly notified.

2. How to proceed with the procedure for release on guarantee pending further investigation

(1) An application for release on guarantee pending further investigation

Detained criminal suspects or defendants, their legally-designated persons, close relatives, and lawyers retained by criminal suspects have the right to submit an application for release on guarantee pending further investigation.

(2) The decision to release on guarantee pending further investigation

After the public security organs, people's procuratorates, and people's courts receive an application for release on guarantee pending further investigation, they shall make a reply within 7 days of whether they agree or not. Where a decision is made to release a criminal suspect or defendant on guarantee pending further investigation, it shall be reported to the responsible person at a public security organ at the county level or above, the chief procurator of a procuratorate, or the president of a people's court for approval, and a "Decision on Release on Guarantee Pending Investigation" and a "Notice of Enforcement of Release on Guarantee Pending Investigation" shall be issued, and the criminal suspect or defendant shall be ordered to provide a guarantor or pay a guarantee deposit.

(3) Enforcement of release on guarantee pending further investigation

The enforcement organ for release on guarantee pending further investigation is the public security organ. When enforcing the law, the public security organs shall read the "Decision on Release on Guarantee Pending Investigation" to the criminal suspect or defendant, and have them sign or affix a seal, informing them of the provisions they shall comply with during the period of release on guarantee. Where the criminal suspect or defendant has not violated the provisions on rolling in during the period of release on guarantee pending further investigation, after the period of release on guarantee is complete, the public security organ responsible for enforcement shall return the guarantee deposit to the criminal suspect or defendant and inform the guarantor to release the guarantee.

If a criminal suspect wants to apply for release on bail pending further investigation, he or she may apply to the relevant departments, and then the relevant departments will make a decision on whether to grant release on bail pending further investigation within the time limit, and finally the public security organs will enforce it.

a) Criminal detention may be released on bail as long as the conditions for release on bail are met. Bail, known as release on bail pending further investigation in China, refers to a criminal compulsory measure whereby the investigative, prosecuting and adjudication organs, in the course of criminal proceedings, order a person who has been criminally prosecuted but is not in criminal custody to evade investigation, prosecution and trial, or to pay a guarantee or issue a letter of guarantee to ensure that he is always on track.

b) Residual legal conjecture.

c) Article 67 of the Criminal Procedure Law of the People's Republic of China.

d) People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

e) (1) Where a controlled release, short-term detention, or supplementary punishment might be independently applied;

(2) Where a sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society;

g) (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

h) (4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to obtain release on guarantee pending further investigation.

i) Release on guarantee pending further investigation is to be enforced by the public security organs.

Analysis of the Law of Fasun Loss: Yes. According to the law, anyone who assaults another person or intentionally injures another person's body shall be punished by public security in accordance with the law.

These include warnings, fines, and administrative detention. During the period of administrative detention, they may not be released on guarantee pending further investigation, but if the person being punished is dissatisfied with the administrative detention punishment decision and applies for administrative reconsideration or initiates an administrative lawsuit, they may submit an application to the public security organ for a suspension of administrative detention.

Legal basis: Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments Article 43 Whoever assaults another person or intentionally harms the body of another person shall be detained for 5 days but not more than 10 days and fined between 200 and 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days 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) Beating or injuring others multiple times, or beating or injuring multiple people at a time.