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Anonymous users2024-02-08Not necessarily, if the other party files a civil compensation incidentally, it will still be liable for compensation.
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Anonymous users2024-02-07Criminal liability is separate from civil liability. At the same time as bearing criminal responsibility, civil liability must be borne, but if civil compensation is actively carried out, it can be used as a sign of remorse, and the punishment may be mitigated or mitigated as appropriate when criminal responsibility is pursued.
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Anonymous users2024-02-06Legal Analysis: No, compensation. After the sentence of intentional injury is sentenced, it is still necessary to compensate the injured person's expenses, including medical expenses, nursing expenses, lost work expenses, etc., and if disabled, they will also be compensated for disability allowances, equipment expenses, etc.
Because sentencing is a punishment for a criminal offense, the parties should bear criminal liability, and compensation is for the parties to bear civil liability, and the losses caused to the injured should be compensated, and there is no conflict between the two.
Legal basis: Article 101 of the Criminal Procedure Law of the People's Republic of China Where the victim suffers material losses as a result of the defendant's criminal conduct, he or she has the right to initiate an attached civil lawsuit in the course of criminal proceedings. Where the victim dies or loses capacity, the victim's legally-designated person or close relatives have the right to raise an attached civil lawsuit.
If state property or collective property suffers losses, the people's procuratorate may initiate an attached civil lawsuit when initiating a public prosecution.
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Anonymous users2024-02-05Those who intentionally injure others or intentionally injure others are generally sentenced to up to three years imprisonment, short-term detention, or controlled release. Whoever causes serious injury to a person shall be sentenced to fixed-term imprisonment of not less than three to ten years. If it causes death or causes severe disability in the form of a pin-stool, the maximum penalty is death.
Criminal suspects who intentionally injure others are required to pay reasonable expenses such as medical expenses, nutrition expenses, and transportation expenses to and from the hospital.
Article 234 of the Criminal Law: Whoever intentionally injures another person's body or is guilty of a loss 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 a coarse person 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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Anonymous users2024-02-04Legal Analysis: Intentional injuries cannot be sentenced without compensation. Civil compensation and criminal penalties are independent, and the assumption of criminal liability does not mean that civil liability can be eliminated. The specific amount of compensation should be determined in light of the actual circumstances of the friendly damages.
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 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.
Where this Law provides otherwise, follow those provisions.
Legal responsibility for intentional injury should be determined on the basis of the results of the judicial evaluation, and where minor injuries are caused, up to three years imprisonment, short-term detention or controlled release is to be given; and where serious injury is caused, the sentence is between three and ten years imprisonment. The specific provisions are as follows: >>>More
The victim shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall be compensated for the victim's monthly medical expenses, lost work expenses, and other losses.
Article 198 of the Criminal Law of our country stipulates that in any of the following circumstances, if an insurance fraud is carried out and the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 20,000 and 200,000 RMB is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment is to be given, and a concurrent fine of between 20,000 and 200,000 RMB or confiscation of property: (1) The insured deliberately fabricates the subject matter of insurance and fraudulently obtains insurance money; (2) The policyholder, the insured or the beneficiary fabricates false reasons for the occurrence of the insured accident or exaggerates the extent of the loss, thereby defrauding the insurance money; (3) The policyholder, the insured or the beneficiary fabricates an insurance accident that has not occurred to defraud the insurance money; (4) The insured or the insured intentionally causes an insurance accident of property damage and defrauds the insurance money; (5) The policyholder or beneficiary intentionally causes the death, disability or illness of the insured and defrauds the insurance money.
On August 1, Chongqing's first case of civil public interest litigation attached to criminal cases in the field of damage to the ecological environment and resource protection was announced, and the defendant Deng Shiping was sentenced to 10 months in prison for the crime of illegal fishing of aquatic products, and also had to bear the responsibility for ecological restoration of fish breeding and release. The defendant pleaded guilty and repented in court, did not appeal, and would actively fulfill his responsibility for ecological restoration, and took the initiative to pay 10,000 yuan in advance for the purchase of fish fry. >>>More
Those who publish superstitions will not be sentenced, and it will be fine if they do not cause social problems. Isn't there a Taoist association and a Buddhist association in the country?