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If a minor injury or more is caused, it is suspected of the crime of intentional injury, and the investigation will be transferred to the procuratorate for review and prosecution; If a slight injury is caused, mediation will be conducted, and the injured person may also be punished by public security administration. Those who intentionally injure others shall also bear the corresponding civil liability for compensation.
Reference legal provisions: 1. 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. Article 234 of the Criminal Law (2015) [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.
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If the person who injured the person reaches the age of 18 years or older, then his act is called intentional wounding, and according to the seriousness of the circumstances, he may be sentenced to detention or a term of imprisonment.
If the other party is only slightly injured, and both parties are willing to mediate, and the other party does not prosecute, then your friend who hurt the other person can be exempted from detention and sentence. If the injured person is injured, if the medical report is serious, then your friend will be detained, and if he causes the other person to be slightly disabled or severely disabled, then your friend will be sentenced.
The case record must be kept. Regardless of minor injuries or mediation.
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Criminal detention is an indication of criminal responsibility, because criminal detention is a coercive measure against which a crime is punishable. If it is administrative detention, it means that it is not criminally responsible, but only a public security punishment and a kind of legal responsibility.
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First, it depends on the degree of harm you have harmed, generally nothing serious, that is, detention for 5 days, if the injured person asks you for compensation, you have to give people appropriate compensation.
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It depends on the degree of damage, the answer is the same upstairs, thank you.
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Legal Analysis: Which.
It should be judged according to the injury.
1. If a crime has not yet been constituted, the perpetrator is given a public security punishment and is detained for public security, the maximum must not exceed 15 days, and the actual period of detention needs to be determined in light of the specific circumstances.
2. Where a crime is suspected of being constituted and the perpetrator is given criminal detention, the maximum period is generally 14 days, and if the case is major or complex, the maximum may be 37 days.
Legal basis: Law of the People's Republic of China on Public Security Administration Punishments Article 9: 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 use filial piety to mediate. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.
Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.
Criminal Law of the People's Republic of China》 Article 234 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 Li Daiqi 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.
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Summary. Hello dear, happy to answer your <>
Accidentally injuring a person is classified according to the severity of the injury, whether it is criminal liability. After the police are called, a forensic medical evaluation is conducted, and the legal responsibility of the beater is determined based on the results of the evaluation. If the injury is slight, the public security organ will impose a public security penalty on the beater, and bear the victim's medical expenses, lost work expenses, and other expenses.
If the evaluation results are minor, 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.
Is it criminal liability to inadvertently injure someone?
Hello, dear, I am glad to answer the <> of [Fresh Ant Jane Flower] for you
Accidentally injuring a person is classified according to the severity of the injury, whether it is criminal liability. After the police are called, a forensic medical evaluation is conducted, and the legal responsibility of the beater is determined based on the results of the evaluation. If the injury is slight, the public security organ will punish the person who beats the person with stuffy pants, and bear the victim's medical expenses, lost work expenses, and other expenses.
If the evaluation results are minor, 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.
Legal basis: Article 43 of the "Public Security Administration Punishment Law of the People's Republic of China" 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 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. If there is one of the circumstances of the lower cavity, he shall be detained for not less than 10 days but not more than 15 days, and shall be fined not less than 500 yuan but not more than 1,000 yuan
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) Assaulting or injuring others multiple times, or beating or injuring multiple people at a time.
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The legal liabilities that the beater may bear mainly include: 1. Civil liability. The beater should compensate the victim for the economic losses caused by the beating.
2. Administrative responsibility. If the injuries of the victim are less than minor, the public security organs may, in accordance with the provisions of Article 10 of the Law on Public Security Administration Punishments, impose administrative penalties such as warnings, fines, or administrative detention, depending on the circumstances. 3. Criminal liability.
If the injuries of the victim are more than minor, the act of the beater constitutes the crime of injury with suspicion and shall bear criminal liability in accordance with the provisions of the Criminal Law.
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Handling of criminal responsibility for fighting: If the crime of intentional injury is constituted, the sentence is generally up to three years imprisonment, short-term detention or controlled release; if the crime of assembling a crowd to fight is constituted, a sentence of up to three years imprisonment, short-term detention or controlled release is generally given; If the crime of picking quarrels and provoking troubles is constituted, the sentence is generally up to five years imprisonment, short-term detention or controlled release.
[Legal basis].
Criminal Law of the People's Republic of China》 Article 234 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 and causes serious injury to another person shall 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 particularly cruel means and causes 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.
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The legal liabilities that the beater may bear are:
1. Civil liability. The beater should compensate the victim for the economic losses caused by this.
2. Administrative responsibility. If the injuries of the victim are less than minor, the public security organs in Chenzhou may impose administrative penalties such as warnings, fines or administrative detention in accordance with the provisions of Article 10 of the Law on Public Security Administration Punishments.
3. Criminal liability. If the injuries of the victim are more than minor, the act of the beater constitutes the crime of intentional injury and is subject to criminal liability under the provisions of the Criminal Code.
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Legal analysis: 1. Civil liability. The beater should compensate the victim for the economic losses caused by this.
2. Administrative responsibility. If the injuries of the victim are less than minor, the public security organs may, in accordance with the provisions of Article 10 of the "Law of the People's Republic of China on Public Security Administration Punishments and the Supreme People's Court", give administrative punishments such as a warning, a fine, or administrative detention, depending on the circumstances. 3. Criminal liability.
If the injuries of the victim are buried in a shed with more than minor injuries, then according to the provisions of the Criminal Law of the People's Republic of China, the act of beating the person constitutes the crime of intentional injury and must bear criminal responsibility.
Legal basis: Article 10 of the Law of the People's Republic of China on Public Security Administration Punishments Article 10 The administrative punishment of warning, fine, or administrative detention shall be given as appropriate.
You are deliberately hurting others and causing others to be injured, the law stipulates that you have to pay for other people's medical expenses, and calling your parents is nothing more than trying to give you a positive education or saying that it is a powerful relationship for parents to pay for it, at that time, you see that your father paid for it, although he knew that it was dark, but you still had to be scolded, and it was recommended that you go to the time to have a better attitude and then show repentance, usually the student police station will not embarrass you, at this time you can be a little angry, but a man? Endure it. But you still have to lose money, don't think it's okay to go to jail, I'd rather go to jail than pay a little money, brother told you that even if you go to prison, the money will still be paid by your father, and I have once let others stay in the hospital for a few days and then pay some medical expenses, because there were more people at that time, it was only fifty for one person, and one of you one hundred may be over
Hello, whether the tympanic membrane perforation meets the standard of minor injury, if the judicial appraisal is a minor injury, it is still necessary to be investigated for criminal responsibility. >>>More
I'm already armed with a controlled knife! This situation has to be a ** crime no matter what you say to the court, let's do it, the main culprit just ran away, the accomplice will definitely not get out of the matter, and it is a family, we have the right to suspect them of harboring fugitives! At the same time, they have the right to file a lawsuit against their entire family.
Then you and your partner should not be too publicized in school, so as not to have the teacher's eyes, you must study hard between you, and you will have a successful career in the future, which will make the other party's parents agree, even a good class teacher will not agree to let you deal with the object, you have to study hard. Until you grow up and have a successful career, you can't do that ... Be sure to study hard first!!
The victim shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall be compensated for the victim's monthly medical expenses, lost work expenses, and other losses.