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Disability is to be identified, and minor fractures simply cannot be identified.
However, it should be noted that whether it can be identified as a slight injury to meet the standard of a criminal private prosecution case, if it is reached, it will be more troublesome, that is to say, it constitutes a criminal case, if the other party has to sue, you can be sentenced to the crime of intentional injury, although the punishment will not be very heavy, but the crime is to be remembered for a lifetime, in layman's terms, you have a "case record". If this is the case, it is recommended to keep it private, and compared to putting a criminal record in the file, the money is nothing. In this case, the public security bureau will recommend mediation for private mediation.
The compensation is mainly calculated according to the medical expenses, and you will pay as much as he spends, and it is estimated that there will not be many minor fractures.
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Are you at least 16 years old? If so, try to mediate, and if so, try to get a suspended sentence. Otherwise, they will be sentenced to real punishment.
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If you are an official, you will be detained for criminal purposes, keep a criminal record, attach civil compensation, and only need to pay a fee if you are private, and this situation is really not much for hundreds of thousands, you know that the medical expenses will cost more than 40,000 yuan, you can sit down and mediate, and the price is negotiable, and the most important thing is not to have this situation again, why did you go after they beat you.
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I don't know if you are a minor, if you are over 16 years old, you need to bear criminal responsibility, and minor injuries constitute the crime of intentional injury. Whether or not the injury is disabled needs to be determined by the appraisal agency based on the circumstances of the injury, and it is recommended that a lawyer be retained to defend it.
Lawyer Xiao Yi of Zongheng Legal Network.
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The method of compensation for minor injuries is as follows:1. The compensation for medical expenses and medical treatment expenses shall generally be determined by the diagnosis certificate of the local ** hospital and the receipts or medical records and prescriptions of medical expenses, ** fees, and hospitalization expenses. When necessary, a forensic medical doctor may be entrusted to conduct an evaluation.
2. Lost work expenses, and the date of the victim's missed work, shall be determined according to the actual degree of damage, recovery status, and forensic appraisal of the rental license of the department or the certificate issued by the hospital.
3. Food expenses and hospital meal subsidies shall be compensated for the number of days of hospitalization according to the standard of food allowance for general staff of state organs on business trips (yuan days).
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Legal analysis: If a fight causes one of the following personal damages to another person, it is the criterion for determining that it constitutes a minor injury: 1. The damage to the appearance of another person is caused to the extent of moderate injury; 2. Causing physical damage to others to the extent of moderate injury; 3. Causing other people's hearing, vision or other organ functions to be impaired; 4. Other injuries that have moderate damage to personal health.
Hall Eggplant Zen. 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, 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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Legal Analysis: General human injuries can be divided into 1 to 10 levels of disability according to the level of disability, and minor injuries refer to injuries that are caused by various external factors such as physical, chemical and biological factors acting on the human body, causing a certain degree of damage to the structure of tissues and organs or partial dysfunction, and not constitute serious injuries and are not minor injuries. The standard of minor injuries in a fight is judged according to the degree of injury suffered by professionals to the human body and whether there are sequelae, including the condition at the time of injury, the depth of the wound, how many wounds there are, which parts of the injury are being corrected, whether there will be complications and sequelae after the injury, and so on.
The most typical example of a minor injury in criminal law is a fracture of the little finger caused by a fight, which is a minor injury.
Legal basis: "Standards for the Appraisal of the Degree of Human Injury".
Article 1: These standards are formulated on the basis of the relevant provisions of the Criminal Law of the People's Republic of China[1], on the basis of the theories and techniques of medicine and forensic science, and in combination with the practical experience of forensic medical examinations, to provide a basis for the evaluation of minor injuries.
Article 2: Minor injuries refer to injuries that are caused by physical, chemical, biological, or other external factors acting on the human body, causing a certain degree of damage to the structure of tissues or organs or partial dysfunction, but which do not constitute serious injuries but are not minor injuries.
Article 3: The evaluation of the degree of injury shall be based on the primary injury and its consequences directly caused by external factors to the human body, including the injury at the time of the injury, the complications and sequelae caused by the injury, etc., and shall be comprehensively analyzed and assessed.
Article 53: Where multiple injuries do not meet this standard, they cannot be simply added together as minor injuries. If there are three types of injuries that are close to this standard, a comprehensive assessment can be made according to the specific circumstances.
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If you have suffered minor injuries and want the other person to be detained and compensated, you can take the following steps:1Call the police and provide evidence of the scene: >>>More
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This is simple, apply directly to the court for enforcement, but it is best to have information about the other party's property, so that the court will have a better effect of enforcement.
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The key is to see whether the value of the theft is reached, and the amount of theft prescribed by the local provincial court. If it is not reached, it is a public security case, and it is a crime if it is reached, and it is generally the standard of 2,000 yuan, and the amount is relatively large, and it is a fixed-term imprisonment of less than three years, and it is generally not necessary to find a lawyer, and the court must appoint a lawyer to defend it. >>>More