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Anonymous users2024-02-07Hello In the case you described, the compensation for personal injuries is based on the actual personal injuries you have suffered, such as medical expenses, hospitalization expenses, lost work expenses, moral damages, etc., and you must provide the corresponding receipts or invoices and relevant proofs.
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Anonymous users2024-02-06The amount of compensation for minor injuries needs to be determined according to the actual losses of the victim's medical expenses, transportation expenses, etc., generally speaking, 50,000 yuan is too much.
Liability for punishment for causing minor injury to others:
Public security penalties. 1. Minor injuries do not constitute a criminal case, and there is no criminal liability, only administrative liability (public security punishment) and civil liability. Generally, minor injuries can be mediated by the public security, and no punishment will be imposed after the mediation agreement is reached; If mediation fails, a fine or administrative detention for up to 15 days may be imposed.
2. Detention or fine:
1) The punishment of public security on both sides should be decided by the county-level public security bureau, not an issue that you "raise" or not raise.
2) Detention is between 5 and 10 days, and if you are disabled or under the age of 14, the detention can be between 10 and 15 days.
3) The fine can be between 200 and 500 yuan, and serious 500 yuan and 1,000 yuan.
4) It is possible to detain filial piety and fine both, that is, to be punished concurrently.
The basis is: Article 43 of the "Public Security Punishment Law": "Whoever beats 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; 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 assaulting or bending others or assaulting or injuring multiple people at a time".
3. Steps to file a case for prosecution: write a complaint, bring your ID card, relevant evidence (evidence of the other party, evidence of ** cost, etc.), go to the case filing division of the court to request the filing of the case, and then wait until the court notifies you to participate in the trial.
Criminal penalties. 1. Whoever intentionally injures another person's body in accordance with article 234 of the Criminal Law is sentenced to up to three years imprisonment, short-term detention or controlled release is to be made through a forensic medical evaluation that is minor or serious. 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, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Where this Law provides otherwise, follow those provisions. In layman's terms, a person who intentionally injures and causes minor injuries can be sentenced to fixed-term imprisonment of not more than three years, short-term detention or public surveillance.
II. According to the provisions of the Criminal Procedure Law of the People's Republic of China, minor criminal cases that have evidence are private prosecution cases, and private prosecution cases are mainly to encourage reconciliation, so as long as the plaintiff voluntarily withdraws the lawsuit, the defendant does not have to bear legal responsibility, and in practice, if it is really a minor injury, as long as a compensation agreement is reached and enforced, a sentence will generally not be imposed. Therefore, the best way to get a minor injury now is to negotiate compensation with the other party.
The compensation for minor injuries needs to be determined based on the actual losses of the victim's medical expenses, transportation expenses, etc., and generally speaking, 30,000 yuan is too much. Those who assault others, or intentionally injure others, are to be detained for not less than 5 days but not more than 10 days and fined concurrently.
If the mediation fails, a civil lawsuit can be filed.
Article 9 of the Law on Public Security Administration Punishments: Where violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, are relatively minor, the public security organs may mediate and handle them. Where the public security organs mediate and the parties reach an agreement, punishment is not to be given. >>>More
Hello, call the police, apply for an injury evaluation:
1. If it constitutes a slight injury or more than a minor injury, the beater is suspected of the crime of intentional injury and shall be investigated for criminal responsibility in accordance with the law. shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, and controlled release. >>>More
It is a minor injury. Article 26 of the Criteria for the Identification of Minor Human Injuries is a joint dysfunction caused by scar contracture after a large joint dislocation, a partial tear of the ligament of the joint, a meniscus injury or a limb soft tissue injury. >>>More
1. If it is an intentional injury that causes minor injury, it is a public security case, not a criminal case, and cannot be criminally detained; >>>More
The scope of compensation for minor injuries or minor injuries includes: medical expenses, nursing expenses, lost work expenses, hospital meal subsidies, transportation expenses, living allowances for the disabled and mental loss expenses, etc., and the specific standards vary slightly from province to province. >>>More