-
This issue can be filed with the public security organs for administrative litigation and let the public security organs make a judgment.
-
Legal analysis: If you do not report to the police, if you do not cause more than minor injuries, then it belongs to the scope of the Public Security Administration Punishment Law, and the statute of limitations for public security cases in China is six months from the date of occurrence or termination of the violation.
Legal basis: According to Article 18 of China's "Regulations on Public Security Administration Punishments", the auction stipulates that if the violation of public security administration is not discovered by the public security organ within six months, it will not be punished.
The period in the preceding paragraph is calculated from the date on which the violation of the administration of public security occurs, and where the violation of the administration of public security is continuous or continuous, it is calculated from the date on which the conduct is terminated. It can be seen that the statute of limitations for prosecution of public security cases in China is six months from the date of occurrence or termination of the posture violation.
-
Legal analysis: How long can not be pursued after the fight is reported to the police, depending on the degree of injury, if it constitutes a minor injury, even if the person is not investigated, it also constitutes a crime, and the public security organs will punish the beater for public security hail and infiltration, and bear the victim's medical expenses and lost work expenses. If the injury is very minor and the person does not pursue it, the public security organs will generally not pursue it.
Legal basis: Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments.
Whoever assaults another person or intentionally harms another person's body is 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. 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 beating or injuring others; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
-
Legal analysis: Yes, in a fight, the behavior of both parties violates the administration of public security, and administrative penalties for public security should be given in accordance with the law. If the public security organ mediates an agreement and performs it, the public security organ will no longer punish the fight.
First mediation, if the mediation fails, the behavior of both parties will be punished, and then the two parties will be informed to file a lawsuit in court for relevant civil compensation.
Legal basis: Article 9 of the Law of the People's Republic of China on the Administration of Buried Zao'an and Allowing Hidden Punishments Article 9 For violations of the administration of public security such as fights or damage to other people's property caused by civil disputes, where the circumstances are relatively minor, the public security organs may mediate and deal with them. 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.
-
As long as it does not cause minor injuries, criminal liability will not be pursued. In addition, the statutory penalty for assembling a crowd to fight is less than three years, and the statutory sentence for minor injuries for the crime of intentional injury is less than three years, so if Socks meets the above two circumstances, the statutory time limit for prosecution will have passed after five years. Article 87 of the Criminal Law, Statute of Limitations] The crime will not be prosecuted after the following periods:
1) Where the legally-prescribed maximum sentence is less than 5 years imprisonment, 5 years have elapsed; (2) Where the legally-prescribed maximum known sentence is between 5 and 10 years imprisonment, 10 years has passed; (3) Where the legally-prescribed maximum sentence is 10 years or more imprisonment, 15 years have passed; (4) Where the statutory maximum sentence is life imprisonment or death, 20 years have elapsed. If, after 20 years, it is found that it is necessary to prosecute, the search must be reported to the Supreme People's Procuratorate for approval.
-
Legal analysis: The time limit for pursuing responsibility for illegal acts in public security administration is six months, and the public security organs will accept the report to the police within six months. If it is more than six months, there is evidence to find the police, and Shenliang will not deal with it.
As long as the statute of limitations for prosecution is exceeded, the public security organs will also accept the criminal case and pursue the criminal responsibility of the criminal suspect. However, the longer the time it takes to report to the police, the more evidence will be lost, and for injury cases, after a long time, some injuries without evidence will not be recognized.
Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 22: Where violations of the administration of public security are not discovered by the public security organs within 6 months, they are no longer to be punished.
The time limit provided for in the preceding paragraph is calculated from the date on which the violation of the administration of public security occurs; Where violations of public security are in a continuous or continuous state, it is calculated from the date on which the conduct ends.
-
Legal analysis: A fight is an act that violates the administration of public security, and if it constitutes a minor injury or above, it is also suspected of constituting the crime of intentional injury. After 20 days, the case can also be reported, and the time limit for prosecution of public security penalties is 6 months.
Therefore, the public security department will no longer deal with the general rolling and losing the fight for more than 6 months. There is generally no time limit for reporting intentional injury, however, there is a statute of limitations.
Legal basis: Article 43 of the "Law of the People's Republic of China on Public Security Administration Punishments" Whoever assaults another person or intentionally harms another person's body shall be detained for not less than 5 days but not more than 10 days and shall also be 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. In any of the following circumstances, he shall 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 a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
-
It depends on the intensity of the fight, if it is a general fist and foot, a blue nose and swollen face, etc., that is, a public security punishment, the general penalty will be over, and the detention will be a few days at most; If it is serious, holding a stick or something, or someone is injured but not serious, it may constitute the crime of picking quarrels and provoking trouble, which is generally less than two years, and may even be suspended; No matter how serious it is, such as stabbing someone with a knife, it may involve the crime of intentional injury, which completely depends on the judge's mood, and it is difficult to say for three or five years, seven or eight years; If it's dead, I won't say much more, you know.
If the escape is only a circumstance of aggravating punishment, that is, the heavier punishment can be selected among the enforceable penalties under the law, for example, the criminal law stipulates that the sentence can be two years or less, then the maximum sentence is --- two years.
Of course, of course, all of the above is based on the premise that the divine law is not trampled on, and without this premise, what else is impossible to happen in this magical land?
-
Fighting and brawling may be suspected of intentional injury, and it may also be the crime of gathering a crowd to fight. It depends on the specific facts of the case for analysis. The following are the relevant laws for reference:
Article 384 of the Criminal Law of the People's Republic of China 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. where serious injury is caused, the sentence is between three and ten years imprisonment; 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.
Article 292 of the Criminal Law: Whoever assembles a crowd to fight shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release for the ringleaders and others who actively participate; In any of the following circumstances, the ringleaders and others who actively participate are to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years:
1) Gathering crowds to fight multiple times;
2) Gathering a crowd to brawl with a large number of people, a large scale, and a vile social impact;
3) Gathering crowds to fight in public places or on major traffic arteries, causing serious disruption of social order;
4) Armed crowds to fight.
-
OK. As long as it is during the criminal prosecution, the police can be called, but the key is that it is not easy to collect evidence if it is delayed for too long, and a good opportunity to fight crime may be missed.
Article 43 of the Public Security Administration Punishment Law stipulates: "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.
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 beating or injuring others; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time. ”
In the event of a fight, after the public security organ finds it, it will be punished in accordance with the above provisions.
-
Absolutely... Hurry up and call the police, otherwise it will be difficult to collect evidence...
-
Yes, it will not work if you do not call the police for one working day
-
Hello, it is recommended that you call the police immediately to solve it.
The landlord may have been thinking too much lately and is in a nervous state. Just get some rest. >>>More
No. The solution does not have to be force. If you were present at the time, it was okay to drink back from the neighbors and protect your father-in-law at home to fight off the neighbors, but it was not okay to follow your father-in-law to the neighbor's house and beat others. >>>More
According to the provisions of the Criminal Procedure Law and relevant judicial interpretations, cases of intentional injury with minor injuries fall within the scope of private prosecution cases, and mediation may be applied. As. >>>More
Three universal topics teach you to break the embarrassment.
Whether you like him or love him, everything is a different situation, you can like him, love him, this is your right, but don't bother him, if he is not married and has no wife, you can find him to reconcile, and then be together, but now it involves the three of you, why worry about the problems of the two families, if he loves you, he will not get married, in other words, he doesn't love you, why do you want to do this.