He was slightly injured by more than 20 people with knives and steel pipes, and the police station d

According to article 145 of the Criminal Procedure Law of the People's Republic of China, "Where a decision is made not to prosecute in a case where there are victims, the decision not to prosecute shall be sent to the victims, and if the victims are not satisfied, they may appeal to the people's procuratorate at the level above within 7 days of receiving the decision to request that a public prosecution be initiated, and the people's procuratorate shall inform the victims of the review decision; Where the people's procuratorate upholds the decision not to prosecute, the victim may file a lawsuit with the people's court, and the victim may also directly file a lawsuit with the people's court without appeal, and the people's procuratorate shall transfer the case filing materials to the people's court. "Article 170 (3) provides:

In cases where the victim has evidence proving that the defendant's conduct violating his or her personal or property rights shall be pursued for criminal responsibility in accordance with law, but the public security organs or people's procuratorate do not pursue the defendant's criminal responsibility", the victim may file a lawsuit in the people's court.

You can sue directly in court, if you have evidence.

If the victim is not satisfied, he may appeal to the people's procuratorate at the level above within 7 days of receiving the written decision, requesting that a public prosecution be initiated, and the people's procuratorate shall inform the victim of the review decision; Where the people's procuratorate upholds the decision not to prosecute, the victim may file a lawsuit with the people's court, and the victim may also directly file a lawsuit with the people's court without appeal, and the people's procuratorate shall transfer the case filing materials to the people's court.

Minor injuries are the responsibility of the criminal squad, and the public prosecution is handed over by them to the procuratorate, and then the public prosecution is initiated.

I really want to know how the other party managed to end the case with the public security and not prosecute it.

You should find out if the other party has a deep relationship with the criminal squad.

If you don't prosecute, you go to the procuratorate to prosecute yourself, and if they don't prosecute again.

It can only be said that maybe you also beat him to a minor injury, or he is too well connected.

Then you can only go to the court to file a private prosecution yourself.

Legal Opinion] According to the Criminal Law, minor injuries are the bottom line of the crime of intentional injury, and if the bottom line constitutes minor injuries, the nature of the public security case will be changed to a criminal case, and then the police station will transfer the case to the criminal police team for handling, if you want not to prosecute, you need to do a lot of work in the public security bureau and the procuratorate, which is very difficult [Legal basis] Article 234 of the Criminal Law [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 injuries, 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.

Summary. 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.

I was beaten to the second degree of minor injury, and the other party was detained by **, should I go to the court to appeal, if I don't appeal, will I let the person go?

Hello, I am a partner lawyer of the platform, and I have received your question and am happy to answer it for you.

Criminal Law of the People's Republic of China》 Article 234 Whoever intentionally injures another person with a body covered by a body shall 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 to another person shall be sentenced to between three and ten years imprisonment for the regimental front period of death or seriously injured by especially cruel means, and shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, follow those provisions.

You can file a lawsuit for damages.

If the police station does not act, ask the public security inspector to report it.

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.

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.

The scope of civil compensation is based on 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, etc.

Ask the police station and the public security bureau to criminally detain him, and the procuratorate and court will make a criminal judgment on him, and file a civil compensation lawsuit alone!! Claim compensation and compensation!!

The first time I heard a private complaint, I went directly to the court to sue.

The victim of a minor injury case may waive the criminal responsibility of the perpetrator. Where the victim does not file a lawsuit with the court, and the perpetrator does not bear criminal responsibility, criminal compulsory measures such as criminal detention cannot be taken against the perpetrator.

Cases of intentional injury causing minor injuries are private prosecution cases and are under the jurisdiction of the court, and they are ignored. The parties may settle, and the perpetrator may not be pursued for criminal responsibility. Where the victim insists on pursuing the perpetrator's criminal responsibility, he shall directly file a lawsuit with the court.

Lyda.com:

You belong to the second category of private prosecution cases, and if you have to provide sufficient evidence for private prosecution, the requirements for private prosecutors are relatively high.

Minor criminal cases in which the victim has evidence to prove it

The so-called minor criminal cases refer to cases in which the facts and circumstances of the crime are relatively minor, and a sentence of up to 3 years imprisonment or a lighter punishment such as short-term detention or controlled release may be given. It should be noted that this type of case emphasizes the burden of proof on the victim, and whether a private prosecution can be established depends to a certain extent on whether the victim has evidence or whether the evidence is sufficient, and if the victim has no evidence, the people's court will not accept it. If the evidence presented by the victim is insufficient to support their prosecution claims, the people's court will rule to reject the private prosecution.

Minor criminal cases for which the victim has evidence include the following:

1. Cases of intentional injury (minor injury) as provided for in paragraph 1 of Article 234 of the Criminal Law.

2. Case of illegal trespass under Article 245 of the Criminal Law.

3. Infringement of freedom of communication as provided for in Article 252 of the Criminal Law.

4. Bigamy as provided for in Article 258 of the Criminal Law.

5. Cases of abandonment as provided for in Article 261 of the Criminal Law.

6. Cases of the production and sale of counterfeit and shoddy goods as provided for in Section 1 of Chapter 3 of the Special Provisions of the Criminal Law, except where social order and national interests are seriously endangered.

7. Cases of infringement of intellectual property rights as provided for in Section 7 of Chapter 3 of the Specific Provisions of the Criminal Law, except for cases that seriously endanger social order and national interests.

8. Cases provided for in Chapters 4 and 5 of the Special Provisions of the Criminal Law, where the defendant might be sentenced to up to 3 years imprisonment.

In the above eight cases, where the victim directly files a lawsuit with the people's court, the people's court shall accept it in accordance with law. Where the evidence is insufficient and can be accepted by the public security organs, or where it is found that the defendant might be sentenced to a criminal punishment of 3 years imprisonment or more, it shall be transferred to the public security organs for filing and investigation. Where the victim makes an accusation to the public security organs, the public security organs shall accept it.

The situation you are referring to may be a situation where the public security organ finally makes a decision not to pursue the case, in which case the victim can directly file a private prosecution with the people's court. When initiating a private prosecution, the private prosecution should include evidence of minor injuries and a written decision of the public security organ not to pursue the case.

A private prosecution may be instituted for intentional injury causing minor injury. According to the law, criminal liability may be pursued for intentional injury that causes minor injury, and such cases are generally prosecuted by the procuratorate. However, the victim may also file a private prosecution in the following two cases:

1. Where the victim has evidence to prove it, he may directly file a lawsuit with the court, or may report the case to the public security organ or procuratorate, and the procuratorate will conduct a public prosecution;

2. After the victim reports the case, the public security organ or procuratorate finally makes a decision not to pursue the case.

1) Cases that are handled only after being told:

1. Cases of insult or defamation (as provided for in article 246 of the Criminal Law, except where social order and national interests are seriously endangered);

2. Cases of violent interference with the freedom of marriage (as provided for in the first paragraph of Criminal Law article 257);

3. Cases of abuse (as provided for in the first paragraph of Criminal Law article 260);

4. Cases of embezzlement (as provided for in article 270 of the Criminal Law).

2) Minor criminal cases where the people's procuratorate has not initiated a public prosecution and the victim has evidence to prove it:

1. Cases of intentional injury (as provided for in the first paragraph of Criminal Law article 234);

2. Cases of illegal trespass into a dwelling (as provided for in Article 245 of the Criminal Law);

3. Cases of infringement of freedom of communication (as provided for in Article 252 of the Criminal Law);

4. Bigamy cases (as provided for in Article 258 of the Criminal Law);

5. Cases of abandonment (as provided for in article 261 of the Criminal Law);

6. Cases of production and sale of counterfeit and shoddy goods (as provided for in Section 1 of Chapter 3 of the Specific Provisions of the Criminal Law, except where social order and national interests are seriously endangered);

7. Cases of infringement of intellectual property rights (as provided for in Section 7 of Chapter 3 of the Specific Provisions of the Criminal Law, except for those that seriously endanger social order and national interests);

8. Cases that are provided for in Chapters 4 and 5 of the Criminal Law, and where the defendant might be sentenced to up to three years imprisonment.

In the eight cases listed above, where the victim directly files a lawsuit with the people's court, the people's court shall accept it in accordance with law. Where the evidence is insufficient and can be accepted by the public security organs, or where it is found that the defendant might be sentenced to three years imprisonment or more, it shall be transferred to the public security organs for filing and investigation.

3) Cases where the victim has evidence showing that the defendant's conduct violating his or her own rights in person or property should be pursued for criminal responsibility in accordance with law, but the public security organs or people's procuratorate have already made a written decision not to pursue it.

The crime of intentional injury has already been constituted, and criminal responsibility can be pursued, but ordinary cases of fighting and brawl can be directly prosecuted by the public security organs if they do not accept them.

Guangdong lawyer Hu:

If you think that the minor injury you are talking about, it is not a criminal case, and you can only go to court to prosecute; If it is identified by a forensic appraisal agency, the other party can be held criminally responsible.

There was a slight injury in the criminal case, and it is estimated that the friend's injuries were not to that extent. There are also private prosecutions in criminal cases.

Only those who have been forensically identified as minor injuries are sufficient for criminal cases.

If the injury is less than minor, according to the notice of the Ministry of Public Security on the issuance of the "Provisions on the Handling of Injury Cases by Public Security Organs", Article 4: Cases of injury below minor injuries are under the jurisdiction of the public security police substation. At the same time, according to Article 9 of China's "Public Security Administration Punishment Law of the People's Republic of China", the public security organs may mediate and deal with 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. ......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.

The items claimed for compensation are mainly medical expenses, lost work expenses and transportation expenses;

You may file a lawsuit with the people's court on your own, or you may file a complaint with the procuratorate.

Code of Criminal Procedure

Article 111: If the People's Procuratorate believes that the public security organ has not filed and investigated a case that should be filed and investigated, or if the victim believes that the public security organ has not filed and investigated a case that should be filed and investigated, and submits it to the People's Procuratorate, the People's Procuratorate shall request that the public security organ explain the reasons for not filing the case. Where the people's procuratorate finds that the public security organ's reasons for not filing a case cannot be sustained, it shall notify the public security organ to file the case, and the public security organ shall file the case after receiving the notice.

Article 204:Private prosecution cases include the following cases:

1) Cases that are handled only after being told:

2) Minor criminal cases in which the victim has evidence;

3) Cases where the victim has evidence showing that the defendant's conduct violating his or her own rights in person or property shall be pursued for criminal responsibility in accordance with law, but the public security organs or people's procuratorate do not pursue the defendant's criminal responsibility.

You can find a forensic medical examiner to prosecute, and if you don't understand, you can find a professional lawyer to help.

If the issue of reconsideration or compensation for losses is raised with the organ at a higher level, a lawsuit may also be filed directly to demand compensation from the other party.