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First, the victim should promptly report to the police, and then conduct a forensic medical evaluation, based on the results of which the legal responsibility of the beater is decided.
1. If the injury is slight, the public security organ shall impose a public security penalty on the beater, and bear the victim's medical expenses, lost work expenses, and other expenses.
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. If the evaluation result is a minor injury, 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.
Article 234 of the Criminal Law [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.
3. The scope of civil compensation is based on the provisions of Article 17 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], including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and so forth.
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Articles 234, 238, 247, 248, 289, 292, and 333 of the Criminal Law stipulate that anyone who uses violence to injure or injure a person in illegal detention, who causes injury to a person by extorting confessions by torture or using violence to obtain evidence, who abuses a person in custody and causes disability, who gathers a crowd to "smash and rob" and causes disability, who gathers a crowd to fight and causes serious injury, or who illegally organizes or forces others to sell blood and causes injury, shall be punished as the crime of intentional injury. These provisions are fictitious rather than precautionary provisions.
1) Committing the crime of intentional injury shall be sentenced to up to 3 years imprisonment, short-term detention or controlled release.
2) Whoever commits the crime of intentional injury, causing serious injury, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
3) Whoever intentionally inflicts bodily harm on others, causing death, or seriously injuring others by especially cruel means, causing serious disability, is to be sentenced to 10 or more years imprisonment, life imprisonment, or death.
Note: Those who meet the requirements for legitimate defense are exempted from punishment.
The subject of the crime of intentional injury is a general subject. Any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute the crime of intentional injury, and among them, a natural person who has reached the age of 14 but is not yet 16 years old shall bear criminal responsibility if he intentionally injures a person causing serious injury or death.
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Whoever commits the crime of intentional injury while committing the crime, causing minor injury, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term detention or controlled release. and where serious injury is caused, the sentence is to be between 3 and 10 years imprisonment. Whoever intentionally injures the body of another person, causing death, or seriously injuring 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.
The specific sentence has a great relationship with the injury, and there is also the fact that escaping is not a heavier punishment, but if you turn yourself in, you can be punished lightly.
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Legal Analysis: Whoever intentionally injures another person and escapes shall be sentenced to fixed-term imprisonment of not less than 3 trillion years but not more than 10 years. It depends on the specific circumstances, whether the suspicion caused the death of the person without positive compensation, etc.
According to the relevant laws and regulations, 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. and where serious injury is caused, the sentence is between three and ten years imprisonment.
Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms 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 a person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, or where serious injury is caused by especially cruel means, or where serious disability is caused by public sale, a sentence of 10 or more years imprisonment, life imprisonment or death is to be given. Where this Law provides otherwise, follow those provisions.
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Legal Analysis: Whoever intentionally injures another person and escapes shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. It depends on the specific circumstances, whether it caused the death of a person without positive compensation, etc.
According to the relevant laws and regulations, Liang Beiwu who intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or imprisonment. and where serious injury is caused, the sentence is between three and ten years imprisonment.
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 10 years, or where serious injury is caused by especially cruel means, or serious disability, the sentence is to be 10 or more years imprisonment, life imprisonment or death. Where this Law provides otherwise, follow those provisions.
The crime of intentional injury refers to the act of intentionally and unlawfully harming the physical health of others, excluding the act of intentionally infringing on the lives of others, and is a crime of infringing on citizens' personal rights and democratic rights in the Criminal Law. The sentence for the crime of intentional injury depends on the degree of injury caused to the victim by the intentional injury, and is mainly divided into several situations: minor injury, serious injury, and death, and the punishment is different for different circumstances, with a general sentence of up to three years imprisonment for causing minor injury, three to ten years imprisonment for causing serious injury, and 10 to 10 years imprisonment for causing death, and even a death sentence. Of course, there are many factors that need to be considered in individual cases, the exact number of years of judgment. >>>More
First of all, you should go to the police station to report the case as soon as possible, the police station case is the first basis for future processing, if there is no case filing and police investigation, it will be quite difficult to deal with it in the future; >>>More
Sue directly, ** has no right to detain you.
Specifically, it depends on the specific facts and evidence, and the key is to look at the facts of the case. Causing death of at least 10 or more people in prison. >>>More
The sentencing provisions of the Criminal Law of our country for the crime of intentional injury: >>>More