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I can only hehe when I see some.
Is a minor injury civil or criminal? This problem does not have much to do with whether the result of the injury is minor or severe.
Whether the characterization is a civil case or a criminal case is divided according to the nature of the offense.
Here's an example. Regardless of whether the result is successful or not, whether it is paralyzing or slightly tearing the lower limbs of the person, or suffering violent resistance from the victim and only slightly abrasion the person when pressed**, this does not affect the scope of the characterization of the crime. These are criminal cases, not civil cases.
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If the forensic result is a minor injury, it is a civil case, not a criminal case.
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Minor injuries are generally considered for civil compensation and do not constitute a criminal offence.
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Minor injuries or more will be criminally responsible, and minor injuries still belong to the civil category, but in addition to losing money, they must also be subject to administrative punishment, that is, detention + fine.
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Only minor injuries identified by medical institutions as minor injuries will constitute a criminal offense, and minor injuries are administrative violations and require civil compensation.
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If the injured party actively compensates and obtains the victim's forgiveness, it can be calculated as a civil case, and if the injured party cannot forgive, it must be prosecuted, and it can be handled as a criminal case.
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It falls under the category of administrative violations.
Both of you are wrong.
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1. Is a minor injury a criminal case?
1. Minor injuries are not criminal cases. However, if the circumstances are serious, then it may constitute a criminal offence. Minor injuries do not require criminal liability, only administrative liability and civil liability.
Generally, minor injuries can be mediated by the public security, and after the mediation agreement is reached, no punishment will be imposed. If mediation fails, a fine or administrative detention for up to 15 days may be imposed.
2. Legal basis: Article 43 of the Public Security Punishment Law of the People's Republic of China.
Those who assault others, or intentionally injure the bodies of others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
2. How to go through the minor injury identification procedure.
1. Forensic evaluations of the degree of injuries involved in the handling of various types of cases by the entrusting unit are uniformly made by the public security organs' forensic appraisal bodies. The evaluation of injuries is to be conducted in accordance with the principle of territorial jurisdiction and step-by-step evaluation, and the first evaluation is the initial evaluation. If the parties or case-handling personnel raise objections to the conclusion of the initial evaluation, and it is necessary to supplement the evaluation, the original forensic evaluation body is to conduct a supplementary evaluation, and a new evaluation is required, and the case-handling unit is to entrust the forensic evaluation body of the public security organ at the level above to conduct a new evaluation;
2. Inspection and appraisal business process: understand the case, live examination, take pictures, consult medical records, identify, make and issue appraisal certificates;
3. In addition to door-to-door services, the person being evaluated must be present for the examination, and the police handling the case must accompany them during the initial forensic examination;
4. Copies of the initial outpatient medical records, inpatient medical history, imaging data and other medical materials must be brought for the initial examination;
5. Where conditions for immediate appraisal are met, the appraisal body shall complete the appraisal work within the prescribed time limit. Where cases of early destruction are difficult and complex, and consultation is required, the evaluation body should promptly complete it after consultation;
6. Appraisal documents. The appraisal certificate is to be collected by the person in charge of the case-handling unit, and the formalities for the transfer of appraisal materials are to be completed at the same time. The case-handling unit is to inform the relevant parties of the appraisal conclusion in accordance with law.
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Legal Analysis: Minor injuries are not criminal cases, and generally constitute a criminal offense with minor injuries or above. Minor injuries are generally punished in accordance with the Law on the Punishment of Public Security Administration.
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) Assaulting 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.
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Minor injuries are civil, minor injuries do not constitute criminal cases, there is no criminal liability, only administrative liability and civil liability. The details are as follows:
1. The public security penalties imposed on both sides shall be decided by the county-level public security bureaus;
2. Detention is between 5 and 10 days, and if the person is disabled or a person under the age of 14, the detention may be between 10 and 15 days;
3. The fine can be between 200 and 500 yuan, and the serious fine is between 500 and 1,000 yuan;
4. You can be detained and fined for burying the mu, that is, you can be punished concurrently.
What are the applicable conditions for administrative punishments.
1. The other party must be a citizen, legal person or other organization that has violated administrative regulations, and its behavior is true and objective;
2. The subject of administrative punishment must be an administrative organ with relevant law enforcement powers granted by law;
3. The object of punishment is the individual, organization, etc. that violates administrative regulations, and they must have a certain ability to be responsible;
4. There are also certain restrictions on the timeliness. The punishment imposed on the perpetrator must be carried out within the statute of limitations prescribed by law.
[Legal basis].Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments.
Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 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.
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Minor injuries do not constitute a criminal case, and there is no criminal liability, only administrative liability (punishment for public security) and civil liability. Generally, minor injuries can be mediated by the public security, and after the mediation agreement is reached, no punishment will be given; If mediation fails, a fine or administrative detention for up to 15 days may be imposed.
Legal basis: Article 43 of the Public Security Punishment Law of the People's Republic of China Whoever assaults another person, or intentionally injures the body of another person, shall be detained for not less than 5 days but not more than 10 days and shall also be fined; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
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Minor injuries are civil cases and not criminal cases, and only minor injuries and above can be criminal cases. If the perpetrator assaults another person and causes minor injury, the perpetrator will be detained for not less than 5 days but not more than 10 days and fined not less than 200 yuan but not more than 500 yuan.
1. How long will the first degree of minor injury be sentenced?
There is no sentence for minor injuries in the first degree. Mingyu generally does not constitute a criminal offence and will not be sentenced to a criminal offence. Those who may be punished by the administration of public security, that is, those who assault others, or intentionally injure others, may be detained for not less than 5 days but not more than 10 days, and 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.
2. What will my friend be sentenced to if he breaks the bridge of his nose?
Where the bridge of another person's nose is broken and the injury is assessed to be minor, they are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. If the injury is assessed to be more than minor, it constitutes the crime of intentional injury and is punished in accordance with article 234 of the Criminal Law.
3. Is it a crime to beat someone?
Assault is against the law, and up to a certain level it constitutes a crime.
In general, those who assault others with only minor injuries will be subject to administrative punishment, and will be detained for not less than 5 days but not more than 10 days, and fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
If it is an intentional assault on another person, and it constitutes a minor injury or more injury to another person, it will constitute a crime and will constitute the crime of intentional injury. The crime of intentional injury refers to the perpetrator's intentional and unlawful conduct that harms the physical health of others. Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, 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.
Any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute this crime, and among them, a natural person who has reached the age of 14 and has reached the age of 16 shall bear criminal responsibility if he intentionally injures a person causing serious injury or death.
Article 43 of the Law on Public Security Administration Punishments.
Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 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.
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Minor injuries are civil cases, and civil compensation may be claimed based on the standard of compensation for personal injuries.
1. Public security penalties for minor injuries.
1. Minor injuries do not constitute a criminal case, and there is no criminal liability, only administrative liability (public security punishment) and civil liability. Generally, minor injuries can be mediated by the public security, and after the mediation agreement is reached, no punishment will be imposed. If the mediation fails, a fine or administrative detention of up to 15 days may be imposed.
2. Detention or fine:
1) The punishment of public security on both sides should be decided by the county-level public security bureau, not an issue that you "raise" or not raise.
2) Detention is between 5 and 10 days, and if you are disabled or under the age of 14, the detention can be between 10 and 15 days.
3. The fine can be between 200 and 500 yuan, and the serious fine is between 500 and 1,000 yuan;
4) It is possible to detain and fine both the letter and the bright money, that is, the concurrent punishment.
Article 43 of the Public Security Punishment Law: "Whoever assaults another person, or intentionally injures the body of another person, shall be detained for not less than 5 days but not more than 10 days and shall also be fined; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 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.
3. Steps to file a case for prosecution: write a complaint, bring your ID card, relevant evidence (evidence of the other party, evidence of ** cost, etc.), go to the case filing division of the court to request the filing of the case, and then wait until the court notifies you to participate in the trial.
If the mediation fails, a civil lawsuit can be filed.
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