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Hurt a person and don't admit it. If there is evidence to prove the existence of the injured person, the police station will also track down the perpetrator.
Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs
Article 56: Materials that may be used to prove the facts of a case are all evidence.
Evidence includes: 1) physical evidence;
2) documentary evidence; 3) witness testimony;
4) Victim statements;
5) The criminal suspect's confession and justification;
6) Appraisal opinions;
7) Records of inquests, inspections, investigative experiments, searches, sealing, seizures, extractions, identifications, and so forth;
8) Audio-visual materials and electronic data.
Evidence must be verified to be true before it can be used as the basis for determining the facts of the case.
Article 57: Public security organs must follow legally-prescribed procedures to collect all kinds of evidence that can prove the guilt or innocence of the criminal suspect and the severity of the crime. It is necessary to ensure that all citizens who are related to the case or who have knowledge of the case have the conditions to provide evidence objectively and sufficiently, and they may be recruited to assist in the investigation, except in special circumstances.
Article 58: When public security organs collect or collect evidence from relevant units and individuals, they shall inform them that they must truthfully provide evidence.
Evidence involving state secrets, commercial secrets, or personal privacy shall be kept confidential.
Where evidence is fabricated, concealed, or destroyed, legal responsibility shall be pursued.
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It depends on whether the other party pursues it or not, and if it is pursued, the police will continue to investigate.
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If a party is slightly injured and the police station has filed a case, but no measures are taken, the party may report it to the public security organ or procuratorate at a higher level.
In cases where the parties have evidence to prove intentional injury (minor injury), the case-handling personnel shall inform the parties that they may directly file a lawsuit with the people's court. If the parties request that the public security organs handle it, the public security organs shall accept it.
Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
1. Ganging up to beat or injure others;
2. Assaulting or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60;
3. Assaulting or injuring others multiple times, or beating or injuring multiple people at one time.
Article 108 of the Criminal Procedure Law of the People's Republic of China: Any unit or individual who discovers the facts of a crime or a criminal suspect has the right and obligation to report or report the case to the public security organs, people's procuratorates, or people's courts.
Public security organs, people's procuratorates, or people's courts shall accept reports, accusations, or reports. Where it is not within their own jurisdiction, it shall be transferred to the competent organs for handling, and the informant, accuser, or informant shall be notified; Where emergency measures must be taken that are not within their jurisdiction, they shall first take emergency measures and then transfer them to the competent organs.
Where the offender voluntarily surrenders to the public security organs, people's procuratorates, or people's courts, the provisions of paragraph 3 apply.
Article 110: People's courts, people's procuratorates, or public security organs shall promptly conduct a review of materials on reports, accusations, reports, and voluntary surrenders in accordance with the scope of their jurisdiction, and shall file a case when they find that there are facts of a crime that need to be pursued for criminal responsibility; When it is found that there are no facts of a crime, or that the facts of the crime are obviously minor, and it is not necessary to pursue criminal responsibility, the case is not to be filed, and the accuser is to be notified of the reasons for not filing the case. If the accuser is not satisfied, he may apply for reconsideration.
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1. Is there a forensic examination for minor injuries?
2. Is there a notice of filing a case?
If you get both of these things, you can go to your own business in a down-to-earth manner, because this case has entered the judicial process, and neither the police station nor the suspect can escape this lawsuit, and now it is the criminal investigation stage, and in the future it will go to the procuratorate, court, detention center, and prison, so rest assured.
If you don't get these two things, or only get one of them, then you should hurry up and try to get these two things right, of course, it is more difficult to file a case, because the police don't want to work.
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Answer to the Criminal Law of the People's Republic of China Article 234 Whoever intentionally harms the body of another person shall be sentenced to up to three years imprisonment, 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.
What did the police station say?
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If it constitutes a minor injury, you can file a lawsuit with the people's court to pursue his criminal liability and claim civil compensation.
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Minor injuries are already the criteria for filing a criminal case. You can file a private criminal prosecution with the court, and the case can generally be closed in 3 months. However, it is best to prepare the evidence yourself, and it is best to jointly choose an appraisal agency to conduct a minor injury appraisal with the consent of the public security bureau and the party who beat you, which is conducive to the case.
If you go to the court to file a lawsuit, the court will generally organize you to do an appraisal. You can also file a civil lawsuit to compensate him for medical expenses.
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When you go to the higher-level public security bureau of the police station to complain, it is generally the county (district) public security bureau that complains about the inaction of the police station.
The police stations are afraid of the public security bureau above, which is their direct leadership, or ask someone from the county public security bureau to put pressure, or go to the county procuratorate to complain, let the procuratorate supervise or directly investigate.
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Beat his son like you and see him arrest you, aren't they all () legs who take money and don't do anything
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Summary. Hello, legal analysis: if there is a fight, if the parties do not pursue it, will the police station investigate it:
If it will, if it is slightly injured or above, the public security organs can still pursue responsibility. The parties are not prosecuted in civil matters, and their criminal liability is not exempted, but they may be given a lighter punishment. was beaten at the time, and it was not pursued at the time, and it can generally be pursued later.
However, if it is a public security case, if the party concerned does not report to the police within six months, and the public security organs do not find out, the punishment will not be imposed; If the perpetrator constitutes the crime of intentional injury, it is a criminal case and is limited by the time limit for prosecution, and the parties shall report to the police within the time limit for prosecution.
If there is a fight, if the person concerned does not pursue it, will the police station investigate it?
Hello, legal analysis: If there is a fight, if the parties do not pursue it, will the World Bank be investigated: Yes, if it reaches a slight injury or above, the public security organ can still investigate the responsibility.
The parties are not prosecuted in civil matters, and their criminal liability is not exempted, but they may be given a lighter punishment. was beaten at the time, and it was not pursued at the time, and it can generally be pursued later. However, if it is a public security case, if the party concerned does not report to the police within six months, and the public security organ does not find out, it will not be punished; If the perpetrator constitutes the crime of intentional injury, it is a criminal case and is subject to the limitation of the time limit for pursuing the prosecution, and the party shall report to the police within the time limit for prosecution.
Legal basis: Article 22 of the "Public Security Administration Punishment Law" provides that if a violation of the administration of public security is not discovered by the public security organ within six months, no punishment shall be given. The time period provided for in the preceding paragraph is calculated from the date of occurrence before the violation of the administration of public security; Where violations of the administration of public security are continuous or continuous, it is calculated from the date on which the conduct ends.
Article 87 of the Criminal Law: Where the following period of time has passed, the crime is not to be prosecuted: (1) where the statutory maximum penalty is less than five years imprisonment, five years have elapsed; (2) Where the legally-prescribed maximum sentence is between 5 and 10 years imprisonment, 10 years have elapsed; (3) Where the legally-prescribed maximum sentence is 10 years or more imprisonment, 5 years after 10 years of hard work; (4) Where the statutory maximum sentence is life imprisonment or death, 20 years have passed through Laoqiao. If it is found necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval.
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If the police substation's conduct is unreasonable and a person is slightly injured, and the case is reported to the police station when the evidence is conclusive, the public security organ shall accept it, otherwise it is a violation.
According to article 8 of the "Provisions on the Handling of Injury Cases by Public Security Organs", in cases of intentional injury (minor injury) where the victim has evidence to prove it, the case-handling personnel shall inform the victim that he or she may directly file a lawsuit with the people's court. If the victim requests that the public security organs handle it, the public security organs shall accept it. Article 9 stipulates that if a case of intentional injury (minor injury) directly accepted by a people's court is transferred to the public security organ for investigation and demolition due to insufficient evidence, the public security organ shall accept it.
With all that said, have your questions been answered!
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if a crime is not constituted, the beater is to be detained for between 5 and 10 days and fined between 200 and 500 RMB; Paiki.
where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. If the victim is slightly injured or injured, criminal responsibility shall be pursued in accordance with law.
Article 234 of the Criminal Law stipulates that anyone who intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or public surveillance. 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 the death of a person or causes serious injury 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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Complaint Channels:
1) Letters and Visits Section of the Public Security Bureau;
2) county, district and city efficiency offices;
3) 110 local public security bureaus;
4) If you want to get effective as soon as possible and pay attention to it, you can complain to the higher authority.
You can also file an administrative lawsuit with your local people's court. Article 39 of the Administrative Litigation Law stipulates: "Where a citizen, legal person or other organization directly submits a lawsuit to a people's court, it shall do so within three months from the date on which it becomes aware of the specific administrative act.
Except as otherwise provided by law. ”
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If the evidence for filing a case for minor injuries is not complete, the police station can arrest the person as long as the conditions for criminal detention are met.
Article 80 of the Criminal Procedure Law: Public security organs may detain current offenders or major suspects in any of the following circumstances:
1) They are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime;
2) The victim or a person who witnessed it at the scene identified him as having committed the crime;
3) Evidence of a crime is found in the vicinity or residence;
4) Attempting suicide, escaping, or being at large after committing a crime;
5) There is a possibility of destroying or fabricating evidence or colluding confessions;
6) Not telling their real name or address, and their identity is unclear;
7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.
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Public Security Administration Punishment Law:
Article 9: Where the circumstances are more minor, the public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes. Where the public security organs mediate and the parties reach an agreement, punishment is not to be given. 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.
According to the above provisions, if a person is injured in a minor (slight) injury, if it is a violation of the administration of public security such as a fight or damage to other people's property caused by a civil dispute, and the circumstances are relatively minor, the public security organs may mediate and handle it. If it is intentional injury to another person that causes more than minor injury, this has already constituted a criminal prosecution case, and the public security organ will definitely take criminal detention measures. If the police substation does not arrest the suspect, it may petition the public security organ at the next higher level and request that the criminal suspect be promptly sanctioned in accordance with law.
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