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If you file a lawsuit with the local people's court, you must first look at the characterization of it as a criminal case or a civil case! Of course, this type of criminal and civil cases should be characterized mainly by the results of the medical evaluation, that is, the level of injury, if it is a minor injury, it will not bear criminal liability, that is, the party at fault must bear the medical expenses and corresponding losses. In the case of criminal liability, it can be sued in court as a civil complaint attached to the criminal case.
At the same time as the sentence is pursued, the losses and expenses of the relevant belts will be compensated. If it is a criminal responsibility, the procuratorate will prosecute and pursue its responsibility, and the cost is very small, a few hundred yuan. If it's a civil case, you may need to find a lawyer**, but the cost can range from a few thousand to tens of thousands!
And even if you win the lawsuit, you will not be compensated by the other party. Therefore, you can consider not looking for ** according to the situation, and write a complaint to sue according to the facts, which can reduce a large amount of expenses.
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The fee for suing in court is calculated according to the amount of compensation you ask the other party to compensate, generally 2% of the litigation fee within 10,000 to 100,000 yuan, but at the beginning, the court will arrange two mediation mediations, so the litigation fees are halved first, that is to say, 10,000 to 100,000 is charged 1%, if the adjustment is not successful, it will be **, then the other 1% will be paid.
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Hello, you are an infringement, have the public security organs filed a case? Did you characterize the other person's behavior? Sue the other party, depending on how much compensation you are claiming on your side, and the court will charge the court fees according to your claim.
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If your brother is injured and the abuser is brought to court, the amount of money you ask for is based on your economic income, your brother's age, your brother's family situation, and your brother's words, that is, the level of work-related injury is the disability level.
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The amount of money you need to claim is based on the condition of the injury, you must have a diagnosis certificate from the hospital, claim for medical expenses, nursing expenses, lost work expenses, nutrition expenses and transportation expenses, and you can calculate how much these expenses add up.
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Hello! The hospital examination is a minor injury, compensation for mental damage and medical expenses, if you think too much, the other party will not give it to you, no Amitabha Buddha in the south!
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After reading your question and description, I feel that if it is a criminal case, the court will not collect your money, and if it is a civil case, the court will collect the money from the wrong party according to the circumstances.
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This is determined according to the facts of the case, according to how much compensation you want from the other party, and if the amount of money involved is huge, the cost will be high.
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You talk and see how to compensate.
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If someone is beaten, he can be charged with intentional injury. Whoever intentionally injures the body of another person is to 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.
Article 234 of the Criminal Law of the People's Republic of China: 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 someone is beaten, he can be charged with intentional injury. Those who intentionally injure the bodies of others are to be sentenced to up to three years imprisonment, short-term detention, or controlled release. Whoever commits the crime in the preceding paragraph and causes serious injury shall be sentenced to fixed-term imprisonment of not more than three years or not more than 10 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.
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. Whoever commits the crime in the preceding paragraph and causes serious injury to erect socks 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 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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Legal analysis: If someone is beaten, he can be charged with intentional injury.
According to article 234 of the Criminal Law, 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 there are other provisions in this Law, follow those provisions.
Legal basis: The People's Republic of China's Methods of Criminal Jujube" Article 234 Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, detention for the first term, 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.
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Summary. According to your description, you are subject to civil liability. If the injury caused to the other party reaches more than minor injury, it is also suspected of intentional injury and will be investigated for criminal responsibility.
My younger brother was beaten by someone else, and I went to help the person who was called by the other party to be injured, should I be held civilly liable?
Depending on your description, you will be liable for civil liability or handwriting. If the injury caused to the other party reaches more than minor injury, it is also suspected of the crime of intentional injury and will be investigated for criminal responsibility.
Legal basis: 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 and causes serious injury shall 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 to a person in the spring of 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 is the specific situation of the case you mentioned? Let's analyze it in combination with the specific situation.
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2. If it is of the nature of randomly assaulting others, it is a crime of "disturbing public order", and if it causes more than minor injuries to others, or beats others at will with a weapon, it is suspected of the crime of "picking quarrels and provoking trouble";
3. If the two sides gather to fight, it is a crime of "disturbing public order", and there are generally five or more people on both sides, and it is suspected of the crime of "gathering a crowd to fight".
4. If the circumstances are serious and cause serious consequences, it shall be punished as the crime of assembling a crowd to fight in accordance with the provisions of the Criminal Law. If more than minor injuries are caused, the crime of intentional injury is constituted.
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 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 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.
This is for those who understand the law! Legal advice.
2.If it does not constitute a minor injury, you should conduct a thorough ** on your mother, conduct a judicial appraisal of you after being discharged from the hospital, and according to the level of disability, you have the right to demand that the other party pay disability compensation, medical expenses, lost work expenses, nursing expenses, nutrition expenses, transportation expenses, hospitalization allowance, mental damages and other all expenses and losses; >>>More
If an elderly person over the age of 60 is injured, can the family members of the elderly fight back? If an elderly person over the age of 60 is injured, the family members of the elderly should not fight back, but should report the case and call 110, and if they return fire and injure the other party, they will also be legally responsible.
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.
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