How to convict a person who died in a fight but did not have external injuries

The absence of trauma after a fight, or the failure of the forensic medical examiner to detect a fatal injury, is often caused by the death of the deceased's own underlying disease under the action of minor trauma, which is often defined as the crime of negligence causing death or accident. It depends on the specific situation and analyzes it on a case-by-case basis. However, whether it is negligence or accident, civil compensation for the family of the deceased is necessary.

Crimes of negligence refer to those who should have foreseen that their own actions might have a result harmful to society, but did not foresee it because of negligence, or had foreseen it and believed that it could have been avoided, so that such a result occurred; An accident refers to an act that objectively causes damage, but is not intentional or negligent, but caused by irresistible or unforeseeable reasons.

What both have in common is that there is no subjective intentionality; The main difference between the two is that a crime of negligence is foreseeable but an accident cannot be foreseen, a crime of negligence is criminally liable only if it is provided for by law, and an accident is not a crime.

There are three constitutive elements of the crime of negligence: first, the perpetrator must be subjectively negligent; Second, the act must have had consequences that are harmful to society, and from the perspective of the provisions of the specific provisions of the Criminal Law, these results are generally more serious results; Third, there must be clear provisions on the punishment of such negligent crimes.

Fighting, although there is no external injury may cause internal damage, or the creation of the mental house will cause legal sanctions, not to mention the death.

Legal analysis: The victim shall promptly report to the police, and then conduct a forensic evaluation, and decide the legal responsibility of the beater based on the results of the evaluation. If the injury is slight, the public security organ will impose a public security penalty on the beater, and bear the victim's medical expenses, lost work expenses, and other expenses.

If the evaluation results are minor, the public security organs shall file a case for investigation and pursue the criminal responsibility of the beater. If the public security organ refuses to file a case, it may file a private criminal prosecution in the people's court and demand that the perpetrator be investigated for criminal responsibility. Regardless of whether it is a public prosecution or a private prosecution, an attached civil lawsuit can be filed at the same time to demand compensation for medical expenses and other expenses from the other party.

Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 43 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 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 persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

3) Assaulting or injuring others multiple times, or assaulting or injuring multiple people at a time. ”

Criminal Law of the People's Republic of China》 Article 234 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 the death of a person or causes serious injury to 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.

Summary. Legal basis: Article 234 of the Criminal Law of the People's Republic of China 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.

If a person is seriously injured in a fight but is not identified, will a case still be filed?

Hello, I'm very happy to answer for you, the victim is injured and injured and the victim is injured, and the victim is injured after the fight, and the crime of intentional injury is constituted only if the case is filed, and he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or controlled release in accordance with the law. The object of the crime of intentional injury is the physical health of another person. Therefore, where Wang clearly injures his own health, it generally does not constitute a crime.

Legal basis: Article 200 of the Criminal Law of the People's Republic of China: Article 34 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 by a person who sends an uproar. 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.