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1. In the case of a traffic accident, the liability shall be determined according to the facts of the traffic accident itself and the degree of fault of each party.
2. Assaulting others without reason, after receiving the police, shall be promptly investigated and the facts shall be ascertained in the shortest possible time.
where the circumstances are minor, criticism and education are to be given; if it constitutes a minor injury, it shall be dealt with through mediation or punished by public security; where a minor injury is constituted in the second degree or higher, criminal responsibility is pursued in accordance with law. At the same time, bear the liability for compensation for the damage caused by the beating.
1. Article 9: Where violations of the administration of public security, such as fighting or damaging other people's property caused by civil disputes, are more minor, the public security organs may mediate and handle them. Where, after mediation by the public security organs, the parties reach an agreement, no punishment is to be given. Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violator of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may file a civil lawsuit in the people's court in accordance with law regarding the civil dispute.
2. Article 43: 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.
4. Article 234 of the Criminal Law [Crime of Intentional Injury].
1. Whoever intentionally harms the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release.
2. Whoever commits the crime described in the preceding paragraph and causes serious injury shall 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.
5. Punishment for obstruction of official business: Article 50 of the Law on Penalties for Public Security Administration:
Those who commit any of the following acts are to be given a warning or a fine of up to 200 RMB; where the circumstances are serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB
2) Obstructing the lawful performance of duties by the staff of state organs;
4) Forcibly breaking into a warning belt or area set up by a public security organ.
Where the people's police are obstructed from lawfully performing their duties, a heavier punishment is to be given.
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It should involve a criminal offense, and the investigation will be carried out as a criminal case. You can ask how long the detention is? Have you been arrested?
In which detention center? After asking these questions, if it is determined that it is a criminal detention or arrest, you can ask a lawyer to see him. At this time, family members cannot meet with other than lawyers.
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If it is only a skin injury, the compensation is too high. You can negotiate less.
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The person who reported the crime is not necessarily not the perpetrator. Both the perpetrator and the victim of a traffic accident have the responsibility and obligation to report the accident immediately. The traffic police (or police station) have the right to detain the perpetrator of a serious traffic accident immediately after reporting the case; Where the perpetrator of an ordinary accident interferes with the handling of the case without reason, and the circumstances are heinous and serious, they may also be immediately detained.
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Traffic accidents should be handled by the traffic police department, and have nothing to do with the police station, so you should verify it clearly!
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The police station is responsible for investigating and collecting evidence and assisting the traffic police in handling the accident.
Traffic accident handling procedures.
1. On-site investigation.
1.After a traffic accident occurs, if the parties have no dispute about the facts and causes, they can immediately evacuate the scene and negotiate to deal with the damages on their own. Those who do not evacuate the scene immediately must protect the scene and promptly report it to the public security organs.
2.After receiving the instructions, the people's police on duty must quickly rush to the scene within the promised time and quickly dispose of the scene.
3.Conduct on-site investigation including on-site visits, photography, drawing, measurement, inquest and other series of work. The on-site investigation must be lawful, timely, comprehensive and accurate.
4.After the on-site investigation record is reviewed to be correct, the parties or witnesses shall be required to sign the on-site map.
5.For the purpose of inspection, the vehicle involved in the accident and the relevant documents of the parties may be detained when necessary.
6.Make an appointment with the person concerned to deal with the incident.
7.Post-mortem investigations must be conducted in accordance with the law, including inquiries (interrogations), trace extraction inspections, technical testing, damage assessments, and other necessary appraisals.
2. Determination of responsibility.
1.During the investigation phase, the parties may be summoned to present evidence if necessary.
2.After ascertaining the basic facts of the accident and collecting sufficient evidence, the determination of responsibility shall be made in accordance with the law in strict accordance with the prescribed time.
3.When announcing responsibility, all parties must be summoned to the scene to explain the basic facts of the accident and the reasons and basis for determining responsibility.
4.Inform the parties that if they are not satisfied with the determination, they shall apply to the traffic police department at the higher level for review within 3 days or shall be resolved together in the civil compensation lawsuit.
3. Penalties. 1.After the determination of responsibility takes legal effect, the punishment opinion made on the responsible party shall be submitted to the leadership for approval.
2.Fill in the penalty ruling form according to the punishment decision made by the leader.
3.The penalty verdict is announced to the person responsible.
4.Inform the parties of their rights and legal limitations to apply for administrative reconsideration.
5.Handle the relevant procedures for punishment.
6.Enforcement of penalties.
4. Compensation mediation.
1.Collect certificates, receipts, and other documents related to compensation for damages.
2.After confirming the end of the injured person or determining the result of the damage, the parties or persons must be asked within the specified time whether they are willing to carry out compensation mediation. If they are willing to mediate, the maximum number of mediations is two; If they are unwilling to mediate, inform the parties that they may file a civil lawsuit with the people's court within the statutory limitation period.
3.After the mediation is successful, the "Mediation Statement" is prepared and sent to the parties respectively.
4.If the mediation is unsuccessful, the "Mediation Conclusion Document" shall be filled out and sent to the parties, and the parties shall be informed that they may file a civil lawsuit with the people's court within the statutory limitation period.
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From a personal point of view, people from the police station should go and see! Because the traffic police hadn't arrived yet. Not to mention that these are servants of the people
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It is true that traffic accidents do not fall under the jurisdiction of the police station. However, after the police station dispatched the police, they found that it was a traffic accident that did not fall under their jurisdiction and it was wrong to leave directly. They should take the initiative to contact the traffic police department to deal with the incident.
Because as a police officer, it is their duty to take the initiative to provide assistance to the best of their ability when citizens encounter difficulties. In this case, you can file a complaint with the local public security department.
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No matter what, it can't be controlled, the state has not given the police at the police station this kind of responsibility, and they all have jurisdiction.
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There is a division of responsibilities, otherwise why do you want the traffic police?
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Hello friend, after entering the administrative detention procedure, the person is in the administrative detention center, so that he will not be allowed to see it will not be under the control of the police station. If you look for it at the police station, you won't see it. It is advisable to go directly to the administrative detention center. After the sentence of a criminal offense can be seen, the administrative affirmation is OK.
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Hello, can you explain the specific facts of the case first, and then you can judge whether the detention is legal and whether the meeting is allowed.
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This is also normal
That's what the police station is like now.
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