-
Beating a person to a minor injury involves different crimes depending on the circumstances.
If he deliberately picks quarrels and provokes trouble, arbitrarily assaults others, causing minor injuries, he shall be sentenced to fixed-term imprisonment of not more than 5 years in accordance with law, if the means are heinous. Those who refuse to admit guilt or make civil compensation are generally sentenced to about 2 years.
If the injury is intentional, it shall be sentenced to fixed-term imprisonment of not more than 3 years in accordance with law. Those who refuse to admit guilt or make civil compensation are generally sentenced to about 2 years.
Probation does not apply in any of the above circumstances.
-
Causing minor injuries to a person and suspected of the crime of intentional injury may be sentenced to up to three years imprisonment, short-term detention, or controlled release. If you do not admit your mistakes, you will not be forgiven, and you will not be allowed to suspend your sentence.
Article 72 of the Criminal Law of the People's Republic of China: [Conditions for Application]Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment who meet the following conditions at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:
1) The circumstances of the crime are relatively minor;
2) Expressions of remorse;
3) There is no risk of recidivism;
4) The probation is declared to have no significant adverse impact on the community in which the person resides.
The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence.
If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.
Article 234: [Crime of Intentional Injury] 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 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.
-
How to judge? Detention is possible, surveillance release, and probation, and the probability of a fixed-term prison sentence is about 5%. Compensation is certainly indispensable.
It's okay not to admit it, as long as you have a good attitude, because you don't need to admit it at all, if you have a bad attitude, it's not easy to say, and the judge hates a bad attitude.
Be mindful of your attitude and good luck.
-
The minimum crime of intentional injury is a minor injury, generally no problem, you won't go in, good luck.
-
Legal analysis: If the other party does not admit to being beaten and slightly injured, the victim should report to the police, and the police will collect the stool round monitoring at the scene to prove the fact of being beaten, and you can also find eyewitnesses at the scene to prove the fact of being beaten. It's okay to have other evidence that you were beaten.
If the witness is unwilling to come forward, he or she may make a recording testimony or other means to testify, and call the police to conduct an injury evaluation first. If it constitutes a minor injury or more, the beater is suspected of the crime of intentional injury and shall be investigated for criminal responsibility in accordance with the law.
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 injures 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 RMB; 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) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
-
Legal analysis: If someone is injured and the other party does not admit it, the on-site monitoring ** can be called up to prove that he was beaten; If a witness saw it at the time, the witness may be asked to testify that the other party beat the person. Or you can collect other evidence that can prove that the other party beat yourself to prove it.
Legal basis: Article 64 of the Civil Procedure Law of the People's Republic of China The parties have the responsibility to provide evidence for their own claims. The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case.
-
Where someone is slightly injured and the other party does not admit it, after calling the police, the suspect may be interrogated, the victim may be questioned, other witnesses or other persons related to the case may be summoned, and the person who was beaten may also be determined by conducting an inspection at the scene. Where a fight causes minor injury, the crime of intentional injury is constituted, and a sentence of up to three years imprisonment, short-term detention, or controlled release is to be given.
[Legal basis].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 the death of a person or causes serious injury or serious disability by especially cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where this Law provides otherwise, follow those provisions.
Article 17 of the Provisions on the Handling of Injury Cases by Public Security Organs.
Public security organs handling injury cases shall conduct inspections and evaluations of the extent of personal injuries and the traces, physical evidence, and tools used as evidence.
-
Where they are slightly injured and the other party does not admit it, it may be proved by providing physical evidence, appraisal of the lack of vision, witness testimony, audio-visual materials, electronic data, and other such evidence. If the evidence described above was lawfully collected by the victim and is verified to be true, it may be used as evidence for conviction or sentencing.
[Legal basis].Article 50 of the Criminal Procedure Law of the People's Republic of China.
The materials that can be used to prove the facts of the case are all evidence.
Evidence includes: 1) physical evidence;
2) documentary evidence; 3) witness testimony;
4) Victim statements;
5) Confessions and justifications of criminal suspects or defendants;
6) Appraisal opinions;
7) Records of inquests, inspections, identifications, investigative experiments, and so forth;
8) Audio-visual materials and electronic data.
Evidence must be verified to be true before it can be used as the basis for a verdict.
Article 55.
In sentencing all cases, emphasis should be placed on evidence, investigation and study, and confessions should not be easily believed. Where there is only the defendant's confession and there is no other evidence, the defendant cannot be found guilty and punished; Where there is no confession from the defendant and the evidence is credible and sufficient, the defendant may be found guilty and given a punishment. Initiation.
The evidence is credible and sufficient, and shall meet the following requirements:
1) The facts of conviction and sentencing are all supported by evidence;
2) The evidence on which the verdict is based has been verified to be true through legally-prescribed procedures;
3) Summarizing all the evidence in the case, reasonable doubt has been eliminated as to the facts ascertained.
-
If the other party does not admit it, the victim should report to the police, and the police will obtain the monitoring of the scene to prove the fact of being beaten, or you can also find eyewitnesses at the scene to prove the fact of being beaten. It's okay to have other evidence that you were beaten.
[Legal basis].Article 63 of the Civil Procedure Law of the People's Republic of China.
Evidence includes: (1) statements by the parties;
2) documentary evidence; 3) physical evidence;
4) audio-visual materials;
e) electronic data;
6) witness testimony;
7) Appraisal opinions;
8) Inquest records.
Evidence must be verified to be true before it can be used as a basis for determining facts.
-
If someone is injured and the other party does not admit it, the on-site monitoring ** can be called up to prove that he was beaten; If a witness saw it at the time, the witness may be asked to testify that the other party beat the person. You may be able to collect other evidence that can prove that the other party has beaten yourself.
Legal basis] Article 64 of the Civil Procedure Law, the parties have the responsibility to provide evidence for their own claims. The people's court should investigate and collect evidence that the parties and their litigants are unable to collect on their own due to objective reasons, or evidence that the people's court deems necessary for the trial of the case. The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.
It's not enough for him to have a nephew, at least 2 witnesses are needed, and it's a brawl, negligent injury, a maximum of fines and detention for a few days, and you say that they beat your mother first, then you are likely to be convicted of justifiable defense, acquitted, on the contrary, you can sue them for intentional wounding (because they beat your mother) and blackmail (using various means to threaten money that far exceeds the medical bills), unless there is a strong backstage in his family (there are people in the public security or there are high-ranking officials), you may be locked up, but even if there is a backstage, it will not affect your future I'm afraid that I'll be guilty when I get caught, and if I don't have a backstage, I don't have to be afraid of them.
It's justified self-defense, but you shouldn't hit someone first. >>>More
Good afternoon, kiss. <>
If you have suffered minor injuries and want the other person to be detained and compensated, you can take the following steps:1Call the police and provide evidence of the scene: >>>More
The sentence for intentional injury causing minor injuries should be less than three years in prison You should pay for the medical expenses or something, in principle, you are now released on bail pending trial, and you will not be sentenced to a real sentence But even if it is a suspended sentence, it is still necessary to pay attention to it, and there can be no more illegal and criminal acts during the probationary period of probation >>>More
Hello landlord, first of all, I sympathize with your experience, and I will answer your questions one by one. >>>More