Injury detention issues, intentional injury detention for several days

The crux of the matter is whether justifiable defence has been established. It should be considered that ** does not constitute legitimate defense. The stakes are high, and it is recommended to hire a professional criminal defense lawyer to intervene as soon as possible to provide legal assistance and defense. I can be contacted further.

"Justifiable defense" refers to the act of causing certain damage to the wrongdoer in order to protect the state, the public interest, the person, property and other lawful rights of oneself or others from ongoing unlawful infringement, so as to stop the unlawful infringement. In understanding and applying legitimate defense, the following issues should be clarified: 1. For the broad masses of citizens, legitimate defense is a right granted by law to fight against violations and crimes to protect legitimate interests, but for some specific people such as the people's police, it is a legal obligation to fulfill.

As a right, citizens at large have the right to decide whether or not to exercise the right of legitimate defence. However, according to the relevant provisions, when the people's police and other specific personnel face ongoing unlawful infringement of their legitimate interests, they must carry out legitimate defense, otherwise, they will have to bear legal responsibility and even criminal responsibility arising from it.

2 Although legitimate defense has caused certain damage to the wrongdoer on the surface, in essence, the defender is subjectively to protect legitimate interests and is not guilty; Objectively, the defender also acts to stop the unlawful infringement, and it is not harmful to society under the criminal law. Therefore, the Criminal Law clearly stipulates that there is no criminal liability for legitimate self-defense.

3 Although justifiable defence is a right, it does not mean that it can be used whenever you want. As an emergency measure, the right of justifiable defence can only be used if the wrongful infringement is ongoing and there is a certain urgency.

4 To the extent that the right of justifiable defence can be used, there are likewise strict restrictions on how justifiable defence can be exercised, and these limitations are expressed in terms of the purpose, the object and the limits of defence. Failure to meet any of these restrictions does not constitute legitimate defence.

5 Justifiable defence is possible as long as it is for the protection of legitimate interests. Therefore, any person can defend himself or herself in order to protect his or her own legitimate interests, the legitimate interests of others, the interests of the state and the public interest.

6 The revised Penal Code divides justifiable defence into two types: general justifiable defence and special justifiable defence. The conditions for the establishment of the two types of justifiable defense are different and should be grasped separately.

According to Article 43, Paragraph 1 of the 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."

Therefore, the circumstances must be relatively minor, or have reached the age of 14 but are not yet 16 years old, or have committed a first violation of the administration of public security, and have reached the age of 16 but under 18 years, or have reached the age of 70.

The circumstances are relatively minor, generally the first violation of the administration of public security, the victim's injury is relatively minor, the offender actively settles the claim, and the victim's forgiveness is obtained.

Under normal circumstances, the public security people's police consider the degree of injury, the degree of deliberate malice of the supervisor, and the strength of compensation after the fact, especially if the compensation is in place and the victim does not raise objections, the fine is generally large.

After all, deliberately harming others (to a lesser degree) is an internal contradiction among the people and can be reconciled.

Legal Analysis: The act of intentional injury is illegal and requires certain legal consequences. According to the relevant provisions of China's Public Security Administration Punishment Law, intentional injury can be punished by a minimum of five days and a maximum of 10 days of detention, and a fine of up to 500 yuan.

If the act of intentional injury causes minor injuries to the victim, it can constitute a crime and need to bear criminal responsibility. According to the provisions of the Criminal Law, he is generally sentenced to criminal detention, controlled release or up to three years imprisonment.

Legal basis: Article 26 of the "Law of the People's Republic of China on the Management and Punishment of Public Security" Anyone who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined up to 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB: (1) Gang fighting; (2) chasing or intercepting others who are disruptive to prudent persons; (3) Forcibly taking or arbitrarily destroying or occupying public or private property; (4) Other acts of picking quarrels and provoking trouble.

According to the relevant laws and regulations, if the crime of intentional injury is committed and a person is slightly injured, the public security organs may first detain a person if the provisions of article 80 of the Criminal Procedure Law are met. Relevant legal provisions: Article 80 of the Criminal Procedure Law of the People's Republic of China: Public security organs may detain current offenders or major suspects in advance under any of the following circumstances:

1) They are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime; (2) The victim or a person who witnessed it at the scene pointed out that he had committed a crime; (3) Evidence of a crime is found in their surroundings or residence; (4) Attempting suicide, escaping, or being at large after committing a crime; (5) There is destruction or fabrication of evidence, or collusion of confessions that might be pure; (6) Not telling their true name or address, and their identity is unclear; (7) There is a major suspicion of committing a crime, committing a crime multiple times, or committing a crime in a group.

The law provides that intentional injury may be detained, and in accordance with the relevant legal provisions, if the crime of intentional injury is committed and a person is slightly injured, the public security organs may first detain a person who meets the requirements of article 80 of the Criminal Procedure Law.

Article 80: In any of the following circumstances, public security organs may first detain current offenders or major suspects:

1) They are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime;

2) The victim or a person who witnessed it at the scene identified him as having committed the crime;

(3) Evidence of a crime is found in their surroundings or residence;

(4) Attempting suicide, escaping, or being at large after committing a crime;

5) There is a possibility of destroying or fabricating evidence or colluding confessions;

(6) Not telling their true name or address, and their identity is unclear;

7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.

1. How is the crime of intentional injury punished?

1. Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release;

2. Whoever intentionally injures the body of another person, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;

3. Whoever intentionally inflicts bodily harm on others, causing death, or causing serious injury to a person by especially imitation and cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

4. Where intentional harm to the body of another person is otherwise provided for in this Law, in accordance with the provisions, this refers to the act of committing other intentional crimes, and the conduct of the person causing harm to the body of another person.

Cases of intentional injury resulting in minor injuries can be both public prosecution and private prosecution cases.

1. Public prosecution. Public prosecution in criminal proceedings refers to litigation activities in which the people's procuratorate submits to the people's court for trial in cases where the public security organs' investigation has been completed and transferred for review, as well as in cases where the investigation has been completed on its own, where it finds that the facts of the crime are clear, the evidence is credible and sufficient, and that a crime has been alleged, and that the defendant shall be pursued for criminal responsibility in accordance with law. This is a procedural right granted by law to the people's procuratorate to exercise on behalf of the state, and is commonly referred to as "public power".

Cases of intentional injury causing serious injury or more shall be prosecuted.

2. Private prosecution. Private prosecution is the symmetry of public prosecution, which refers to a case in which the victim or his legally-designated person or close relatives file a lawsuit with the people's court in order to pursue the defendant's criminal responsibility, and the people's court directly accepts it. Case of intentional injury under Article 234, paragraph 1 of the Criminal Code.

Usually this type of case is referred to as a minor injury case.

The police station cannot detain the confiscation and characterizes it as a crime of intentional injury. 1. The police station does not have the right to decide on criminal detention, and needs to report to the competent leaders of the county-level public security organs for approval. 2. The proposed charges during the filing and investigation of the case can only be said to be suspected, and whether it constitutes the crime of intentional injury will be determined by the court in the end.

The law stipulates that: 1. Article 114 of the "Provisions on the Procedures for Handling Criminal Cases by Public Security Organs" (Order No. 127 of the Ministry of Public Security) shall interrogate a detained person within 24 hours of detention. Where it is discovered that they should not be detained, a release notice shall be drafted with the approval of the responsible person at a public security organ at the county level or above, and the detention center shall issue a release certificate to the detainee on the basis of the release notice, and immediately release him.

Article 12 of the Criminal Procedure Law stipulates that no one shall be convicted of a crime without a judgment rendered by a people's court in accordance with law.