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Not having money to pay compensation and sentencing are two different things.
If it can be determined that there is no air leakage, it is at most a civil liability.
The principle of presumption of no fault applies. In other words, regardless of whether you are subjectively at fault or not, as long as the death of the victim is related to your liquefied gas, then you will be liable.
Whether it is because of improper operation after drunkenness, it is only after inspection by the public security and quality inspectors that there are many reasons for the death of this situation, such as improper operation, air leakage, water heater quality problems, etc.
If management reasons such as air leakage can be ruled out, there is no criminal problem.
The award for compensation actually creates a debt relationship between you and the family of the victim. The creditor-debtor relationship is the object of civil law adjustment, and if there is no money to compensate, it will be enforced, and after the enforcement, the executive board will monitor your account and other property, and once it has it, it will be enforced.
In short, unless there is money to refuse to carry out a court judgment, it is not enough to commit a crime. If it is not enough to commit a crime, there is naturally no question of sentencing.
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If you are sentenced, it should generally not be.
Because you have no subjective intent to sin.
But civil compensation is certainly indispensable.
It should be that you have not fulfilled your obligation to inform or prevent the crime.
But no matter how much the court decides to accompany.
If you don't have it, then the court can't do anything.
I can't beat anyone, and I can't drag you to jail.
Someone else can apply for enforcement.
According to your description, you should still be able to compensate.
Because at least you have a small hostel there.
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The cause of the deceased's poisoning is the crux of this case, if you can prove that your hostel was tested by the fire department at the time of the incident, then it can be presumed that the deceased acted improperly and died, and it is estimated that you will not be liable for compensation, and you will not be jointly and severally liable.
If the court finds you liable for personal injury, you don't have to go to jail if you don't have the money to pay.
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There will be no sentence. However, there is civil liability. If you don't lose money, the other party can apply for enforcement, and the result will be the seizure of the hostel!
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Surely you will not be sentenced, you are born with civil liability, I suggest that you find a lawyer as soon as possible to protect your legitimate rights and interests.
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Unfortunately, sympathy. You should consult a professional lawyer as soon as possible and start dealing with the lawsuit as soon as possible, because you can't ask any authoritative answer here.
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1 It should be said that you have successfully applied for bail pending trial, your circumstances are relatively minor, and you have actively returned the stolen goods, so it is more likely that a suspended sentence will be applied, that is, you should not be sentenced to a real sentence.
1. Agreeing to release on bail pending further investigation can show that your harm to society is not great and the circumstances are minor;
2. Actively returning stolen goods, increasing the sentencing circumstances for the court to decide on a lighter punishment;
3. Have a good attitude of admitting guilt, have no criminal record, and actively assist in handling the case while on bail pending trial, etc., all indicate your remorse, and the court will also consider it as appropriate.
Given that the amount of money you are involved in is not high (as opposed to the crime of illegal business operation), there should be no actual sentence. The specific sentence of several years in prison can only be determined on the basis of the specific facts of the case. However, it is estimated that it will be a suspended sentence, that is, a fixed-term imprisonment of one year, suspended for one year.
It is recommended to continue to actively cooperate with various authorities, and to take the initiative to communicate with judges when the case reaches the court, so as to win sympathy and strive for leniency.
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Repent, obey the judge's decision, and don't leave anything to chance.
You can truly understand the true meaning of the phrase "confession and leniency". I think three or five years is also a moment for you.
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Personally, I don't think you have much chance of being sentenced to a real sentence, it may be criminal detention or probation, unless there is a political element in your case! The fact that you can be released on bail after criminal detention means two points. 1. The evidence is insufficient, 2. The harm to the society is small. You should be the second point!
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I don't know if it's useful to find a lawyer, but you can ask.
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Suspected of intentional injury, if it constitutes a minor injury, is sentenced to up to three years in prison.
Suspected of intentional injury, if it constitutes a minor injury, is sentenced to up to three years in prison.
If it constitutes more than minor injuries, criminal liability is generally borne.
If the other party's injuries constitute more than minor injuries, the crime of intentional injury has been suspected.
Suspected of intentional injury, if the injured person constitutes minor injuries, is punishable by imprisonment for up to three years.
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Hello, what the two colleagues said is reasonable, it has constituted a criminal offense, and there is a possibility of a suspended sentence. The best outcome is, of course, whether the Public Security Bureau will withdraw the case, but after all, the amount involved has reached the prosecution standard stipulated in the Criminal Law, and a suspended sentence is already a good result. Build, go and look at the case file to decide on a specific plan.
The act has constituted the crime of theft, but the amount is not large and there are circumstances of voluntary surrender, at most it is a suspended sentence, go and communicate with the undertaking department to see if you can be exempted from punishment.
constitutes a criminal offense, built.
The crime has been constituted, and the sentencing depends on the value of the notebook.
There is a basic situation that since you have been released on bail pending trial, you are unlikely to be sentenced to a real sentence unless you have a bad attitude in court and the case is overturned. However, this matter has an impact on your profile. In such cases, a court in downtown Shanghai may be convicted of a conviction or given a suspended sentence.
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1. If you are released on bail, it must have been because you were suspected of committing a crime.
In the previous case, you were not closed, and even if you did not have later acts, you would have been sentenced. Release on bail pending further investigation is only a compulsory measure, not a final punishment, and does not mean that the previous case has been concluded. Bail, that is, **just let you wait at home, you promise to be on call, and you still have to appear in court when the court finally hears.
Of course, for cases of release on bail pending trial, the final sentence is also relatively light, and a suspended sentence is generally given.
Second, what you did later, according to what you said, also smashed the glass, and the harmful results were average.
But you are already suspected of picking quarrels and provoking trouble, and you have brought a group of people with you, and you are also holding machetes, which is a serious circumstance. It is very likely that the police will file a case for the crime of picking quarrels and provoking trouble, and it is very likely that your release on bail pending trial will be revoked and you will be criminally detained or directly arrested.
If you are also picking quarrels and provoking trouble, then the two acts before and after will be punished together. If the two acts are different in nature, they will be punished separately. Of course, your subsequent behavior may only involve public security administrative punishments.
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If the other party reports the case, ** will decide whether to deal with it according to the nature of the case, if there is no injury or the damage is not serious, it will generally be handled according to the public security case, at most detention or incidental compensation or ** adjustment compensation!
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You will be subject to a change of coercive measures, changed to criminal detention, and there is a high probability that you will be sentenced, so it is recommended that you find a local lawyer to do so.
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During the period of release on bail, you must comply with the requirements for release on bail pending further investigation, and you can say that you are justified in self-defense and act bravely in the face of righteousness.
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1. If they hit someone first, and the injury occurs while the unlawful offense is in progress, you can claim justifiable defense, or excessive defense.
2. If it is identified as a minor injury, it may be a criminal case, if you ask the employee to fight, you are an instigator and will bear criminal responsibility together with the beater.
3. If an employee hits someone under your nose and you let it go, it may constitute the crime of intentional injury by omission.
4. If you don't ask your employees to hit people, and you are trying your best to prevent the situation from becoming serious, you are not responsible.
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A fractured palm may constitute a minor injury, and the person who hit the person and the person who is now responsible may be held criminally responsible.
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It is true that you are the person in charge, but it is the guest who breaks the item first, and it is reasonable for you to call compensation, but it is not right for the employee to hit the guest, and it also causes the crime of ancient injury, as long as you do not instruct the employee to beat someone, whoever hits is responsible, and you may be fined for security expenses.
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The court will have the discretion to reason, but there will certainly be responsibility.
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According to Article 9 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, "if an employee causes injury to another person in the course of employment activities, the employer shall be liable for compensation; If an employee intentionally or grossly negligently causes damages, he shall be jointly and severally liable with the employer for compensation. If the employer bears joint and several liability for compensation, it may recover compensation from the employee. ”
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The two sides adjust, but they can't find the police. You will pay for the medical expenses at most.
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Since the police told you to go private, you went private, and if you can't do it, you will wait for the other party to sue you. When the time comes, there must be a road before the car reaches the mountain, and the boat will naturally go straight to the bridge.
Those who publish superstitions will not be sentenced, and it will be fine if they do not cause social problems. Isn't there a Taoist association and a Buddhist association in the country?
I went home to visit my parents first, said sorry to my parents, I didn't fight for it, and then went to kill myself.
If there is a refund, it will be three or five years, and if it is not returned, it will be seven to ten years. Maybe it depends on the plot.
It is necessary to distinguish between drunk driving and drunk driving, if the drunk driving standard is met. It is a criminal offense because according to Article 123 of the Criminal Code, there is no exception to driving while intoxicated, as long as driving while intoxicated constitutes the crime. The term of imprisonment is not less than one month but not more than six months. >>>More
During the period of criminal detention, the public security organs will investigate, interrogate, and find relevant evidence, and if they believe that a crime is committed, they must submit it to the procuratorate for arrest, and the procuratorate initiates a public prosecution, and the court will make a judgment, and if it constitutes a crime, it can be sentenced. It depends on whether it has violated the criminal law of the country.