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The Criminal Law stipulates that a person who commits a crime while intoxicated shall be held criminally responsible.
If it is identified as a minor injury, the other party will bear criminal responsibility. According to the provisions of the Criminal Law, whoever intentionally injures another person causing minor bodily injury shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. At the same time, you can also claim civil liability for medical expenses, nursing expenses, nutrition expenses, lost work expenses and moral damages.
For this kind of minor injury case, you need to go to the court to file a lawsuit to investigate the criminal liability of the other party, and you can file a civil lawsuit attached to the criminal case to solve the criminal liability and civil liability at the same time.
If it does not constitute a minor injury, then the other party can bear administrative responsibility and report the case to the public security organ, and the public security organ will give the other party an administrative penalty such as fines and detention.
In fact, if you don't want to pursue the other party's criminal responsibility, you can use this as a reason to negotiate with the other party privately, you give up the prosecution, and then the other party compensates you a little more, which is beneficial to both parties, you get more compensation, and the other party is exempted from prison, I think the other party will agree. But if you insist that the other party bear criminal responsibility, that's perfectly fine, but the civil compensation may not be so much.
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Article 234:Whoever intentionally injures 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.
I am a lawyer specializing in criminal defense, and according to the provisions of the criminal law and my experience in handling cases, the sentence you said is in accordance with the above provisions. The victim may also file a lawsuit for incidental civil compensation. Matters.
It is advisable to appoint a professional criminal defense lawyer to intervene as soon as possible to provide legal assistance and defense. If you don't understand, you can contact me further.
Good luck.
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constituted, minor injuries can already give rise to criminal liability.
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The national standard for disability evaluation is either a minor injury or a minor injury, and a serious injury is a serious injury.
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A simple severed hand is a minor injury, but if there is a disability, it is a serious injury.
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Legal analysis: 1. Minor injury: Minor injury refers to the primary injury caused by various injury factors, resulting in slight damage to the structure of tissues and organs or slight dysfunction.
Some common injuries in our daily life, such as eye trauma that swells into panda eyes and seriously affects the appearance, a tooth that is knocked out in a fight with others, or a broken or bleeding nose can constitute minor injuries. 2. Minor injuries:
Minor injuries refer to injuries that cause damage to a person's limbs or appearance, partial impairment of hearing, vision or other organ functions, or other injuries that are moderately harmful to human health, including minor injuries of the first degree and minor injuries of the second degree. Generally speaking, injuries that cause a certain degree of damage to tissues and organ structures or some dysfunction, and do not constitute serious injuries and are not minor injuries are minor injuries. 3. Serious injury:
Serious injuries generally refer to injuries that cause a person to be physically disabled, disfigured, lose hearing, lose vision, lose the function of other organs, or have a major injury to personal health, including serious injuries of the first degree and serious injuries of the second degree. Generally speaking, minor injuries are administrative cases, and generally only public security penalties are imposed on the perpetrators. Minor injuries can be handled through mediation by the two parties, or criminal liability may be pursued.
Serious injuries are generally subject to criminal liability.
Legal basis: General Principles of Judicial Appraisal Article 12 If the client entrusts the appraisal, it shall provide true, complete and sufficient appraisal materials to the judicial appraisal institution, and be responsible for the authenticity of the appraisal materials and the legitimacy of the old man. The forensic appraisal body shall check and record the name, type, quantity, character, state of preservation, time of receipt, and so forth of the appraisal materials.
2) The following materials need to be prepared for disability evaluation: 1. Admission records. 2. Discharge records.
3. Discharge summary. 4. Medical records. 5. Certificate of disease diagnosis.
6. X-ray, CT and diagnostic report at the beginning and after the end of the injury. 7. Certificate of traffic accident. 8. ID card or household registration book of the injured person in the traffic accident.
9. Power of attorney for disability appraisal.
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Whoever injures a person while intoxicated and slightly injures himself shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release in accordance with the Criminal Law. If the compensation is not compensated and sentenced to fixed-term imprisonment in accordance with legal procedures, it is a criminal case that constitutes a minor injury and cannot be private. If it does not constitute a crime, it will be dealt with according to the Public Security Administration Punishment Law, and if it constitutes a crime, it will still bear criminal responsibility after drinking.
Article 43 of the Public Security Administration Punishment Law ("Public Security Administration Punishment Law") Whoever assaults another person, or intentionally injures another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be 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. 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) Assaulting or injuring others in a group; (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.
Article 234 of the Criminal Law: 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 causes serious injury by especially cruel means, causing serious disability, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or the death penalty. Where this Law provides otherwise, follow those provisions.
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