How to judge accidental injury? How to judge serious injury caused by accidental injury?

Updated on society 2024-04-08
9 answers
  1. Anonymous users2024-02-07

    If the case is now handled as a public security case at the police station, then a case like this is generally mediation, and the compensation is basically determined according to the degree of injury suffered by both parties. If it has risen to the level of a criminal case, then there is a lot of emphasis on evidence, but your friend has an upside and a downside. It is advantageous that they are three people, and they go to your friend's house, and they are direct blood relatives (the strength of their testimony to each other should be discounted); The disadvantage is that after all, there is an old man injured, and your friend has not a single witness evidence.

    The suggestion is to mediate.

  2. Anonymous users2024-02-06

    Are you sure his father fell on his own or in a push?

    If you fall on your own, your friend is not responsible for the law, and if they want to use it to extort money from high medical bills or something, your friend can sue him for malicious fraud.

    If you fall in the push, this responsibility exists on both sides of the push, depending on whether your friend has the subjective intention of hurting others, or whether he is negligent in order to protect his personal rights.

    In cases and in life, there is no criminal liability for such accidents, unless they are intentional. For minor accidents caused by the inevitable friction between the two parties in the quarrel, self-regulation.

    You must know that the court is not very idle, not because everything in life such as you hit me and I scold you to go to court, not that such a situation can't be **, but these common things that can be self-regulated are handled by themselves.

    Your friends and them will adjust it, and give some medical bills, after all, they are old people.

    Hope it helps.

  3. Anonymous users2024-02-05

    1. Minor injuries constitute a criminal offense.

    2. The sentencing range is less than 3 years, if the compensation is actively compensated, it is generally slowed out, and the compensation is estimated to be not very high, it is recommended to find a lawyer to consult the compensation items and standards in detail.

    3. If it is true that the victim fell by himself, it is extortion, and he is not responsible, but he needs evidence to support it, you can consult the judicial appraisal agency to make relevant appraisals.

  4. Anonymous users2024-02-04

    It's really hard to deal with extortion, but you must not compromise, consult a lawyer, and at most pay for medical expenses and lost work expenses.

  5. Anonymous users2024-02-03

    If two people fight and accidentally injure another person and cause serious injury, it may constitute the crime of causing serious injury by negligence, and according to the provisions of the Criminal Law, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Article 235 of the Criminal Law: Whoever negligently injures another person and causes serious injury shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.

    Where this Law provides otherwise, follow those provisions.

  6. Anonymous users2024-02-02

    Where a person is injured by mistake and causes minor injury, it does not constitute a crime and will not be sentenced. However, if a person is seriously injured by mistake, it may constitute the crime of causing serious injury by negligence, and according to the provisions of the Criminal Law, a person who negligently injures another person and causes serious injury shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.

    1. Driving without a license will result in a prison sentence of several years.

    Whoever drives without a license and injures a person, causing serious injury to a person, and bears primary or full responsibility for the accident, is suspected of the crime of causing a traffic accident and is sentenced to up to three years imprisonment or short-term detention in accordance with the provisions of the Criminal Law.

    If there is any escape, the sentence shall be between three and seven years imprisonment.

    If it causes minor or minor injuries, it does not constitute a crime, and the illegal act of driving without a license is punished with a fine and can also be detained for up to 15 days.

    2. What is the penalty standard for the crime of causing serious injury by negligence?

    Standard for punishment for the crime of causing serious injury by negligence: Generally up to three years imprisonment or short-term detention. The crime of causing serious injury by negligence refers to the act of negligently injuring another person's body and causing serious injury.

    The subject of the crime of causing serious injury by negligence must be a natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility. Adults who commit this crime shall be held criminally responsible, and minors shall be held criminally liable only if they have reached the age of 16. The object of the offence is the right to the body of others.

    3. How to sentence if a fight results in minor injuries.

    The standard for sentencing a person causing minor injuries in a fight is fixed-term imprisonment of not more than three years, criminal detention or public surveillance. The Criminal Law of the People's Republic of China stipulates that anyone who intentionally injures another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. 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 234 of the Criminal Law.

    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, indefinite imprisonment, or death. Where this Law provides otherwise, follow those provisions.

    Article 235.

    Whoever negligently injures another person causing serious injury is to be sentenced to up to three years imprisonment or short-term detention. Where this Law provides otherwise, follow those provisions.

  7. Anonymous users2024-02-01

    Legal analysis: It is necessary to judge the dress according to the specific situation. If it is accidentally injuring another person and causing minor injuries and harmful consequences, there is no need to bear criminal responsibility.

    However, if another person is accidentally injured and causes more than serious injury, it shall constitute the crime of negligent causing serious injury, and shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention.

    Legal basis: Criminal Law of the People's Republic of China Article 235 Whoever negligently injures another person causing serious injury shall be sentenced to up to three years imprisonment or short-term detention. Where this Law provides otherwise, follow those provisions.

  8. Anonymous users2024-01-31

    Summary. Hello <>

    How to compensate for accidental injury, for the compensation of accidental injury, according to the provisions of China's Tort Liability Law, accidental injury is also a tortious act, and the corresponding civil liability should be borne. Specifically, if the accidental injury causes property damage or other economic losses, then the infringer can be required to bear the liability for compensation; If the accidental injury causes physical injury or mental suffering, then the infringer may be required to bear the liability for medical expenses, solatium and other compensation.

    How to compensate for accidental injury.

    Hello <>

    How to compensate for accidental injury, for the compensation of accidental injury, according to the provisions of China's Tort Liability Law, accidental injury and envy is also a tort, and the corresponding civil liability should be borne. Specifically, if the accidental injury causes property damage or other economic losses, then the infringer can be required to bear the liability for compensation; If the accidental injury causes physical injury or mental suffering, then the infringer may be required to bear the liability for compensation such as medical expenses and solatium.

    It should be noted that for the accidental injury of fighting socks, it is necessary to clarify the person responsible. If it is the negligence of another person who caused the accidental injury, then compensation should be claimed from him; If it is your own fault that caused the wrongful injury, you should bear the corresponding responsibility and compensate the victim. In addition, when dealing with the issue of compensation for wrongful injury, it is also necessary to take into account the complexity and uncertainty of the specific circumstances, as well as the sufficiency and credibility of the relevant evidence.

    Therefore, in practice, it is recommended to seek professional legal advice and help in order to better protect your legitimate rights and interests. <>

    Dear, is there anything else you don't understand? Tell me more about your situation and I'll answer for you. <>

    What is the compensation standard for accidental injury?

    When a friend fights, I get into a fight and hurt me by mistake.

    Compensation for accidental injury refers to the unforeseen injury or loss caused by the behavior of others, so that the victim suffers unnecessary pain and economic losses, and needs to be compensated. According to Article 119 of the Civil Code of the People's Republic of China, the standard of compensation for accidental injury shall be determined according to the losses suffered by the victim, including property losses, mental losses, physical losses, etc. <>

  9. Anonymous users2024-01-30

    Legal analysis: Accidental injury to others should be compensated for the medical expenses, lost work expenses, transportation and accommodation expenses of the parties, especially if the disability is caused, it is also necessary to compensate after the disability appraisal, and the specific circumstances shall be determined by the judicial authorities, and the relevant criminal liability shall be investigated for the minor injuries caused by the levy. Boom wheel.

    Legal basis: Article 1179 of the Civil Code of the People's Republic of China Anyone who infringes upon others and causes personal injury to a person who holds a letter indiscriminately, shall compensate for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.

Related questions
7 answers2024-04-08

Generally, there is no need to bear legal consequences, but it is still a case-by-case analysis. >>>More

9 answers2024-04-08

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

8 answers2024-04-08

If a traffic hit-and-run causes serious injury to a person, and is suspected of the crime of causing a traffic accident, it is a fixed-term imprisonment of not less than three years but not more than seven years; >>>More

9 answers2024-04-08

The side with the fastest finish wins.

The rules of the game for Minesweeper: >>>More

13 answers2024-04-08

First of all, the so-called pull ball, the ball must come out by friction, so the ball must be very spinning, and it is running forward, and it flies as soon as it is blocked. >>>More