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After the police station accepts and files a case, it shall conduct an investigation of the case, and if there is evidence to prove the criminal suspect, it may first give public security detention.
The police will interrogate the offender about the facts of the crime, and then transfer the suspect to criminal detention based on the forensic doctor's evaluation of the victim's injuries.
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If it is a slash, it will be criminally detained, and if it does not constitute a minor injury, it will be released. If it constitutes a minor injury, the sentence will be transferred.
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It depends on the reason for the knife wound caused by the victim, and different situations have different ways to deal with them.
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I do not agree with the statement of the second floor, that the same case was first placed in public security detention and then transferred to criminal investigation procedures. If the case can be filed or has been filed, then compulsory measures should be taken against the clear criminal suspect, involving intentional injury, if the case has been filed, it must be more than minor injuries, then the criminal suspect should be criminally detained or other compulsory measures (release on bail pending trial, residential surveillance), you mentioned the issue of forensic evaluation, it is not important, the key is to see whether the case is filed.
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There is a high possibility of release on bail pending trial. If it is seriously injured and unconscious, or if there is a missing arm or leg, the possibility of criminal detention is high. In short, if the public security doesn't care about it, you can go to the procuratorate and let the procuratorate file a case with the public security. It doesn't matter if you are prosecuted by the court! In case no one cares, choose.
1. There may be no illness, hurry up and go to work; Second, let's petition; 3. A tooth for a tooth!
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The police station usually first investigates a public security case, and then decides whether to transfer it to a criminal case after the appraisal results are down. If it is obvious that it can cause more than minor injuries, it may be directly opened as a criminal case. The forensic examination is usually made within seven working days, and you can go to the medical examiner for questioning.
p223224 said, "The issue of forensic identification is not important, the key is whether the case is filed." "Completely wrong, mainly looking at the results of the injury evaluation, which is the definition of a violation or a crime.
If it is not clear whether the injury is minor or minor, it should be handled in accordance with the administrative case first.
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After the identification of minor injuries, the police station should be handed over to the public security bureau as soon as possible, and there is no corresponding time limit, and the victim should wait for the result.
Article 119 of the General Principles of the Civil Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulate that if a person causes bodily injury, he shall be compensated for expenses such as medical treatment, lost work, nursing, transportation, accommodation, food allowance during hospitalization, and necessary nutrition.
If the injury reaches the level of disability, disability compensation, disability assistive device expenses, living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to **nursing and continuation** are also required.
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Minor injuries or more constitute a criminal case and need to be investigated for criminal responsibility. After the appraisal is a minor injury, the case needs to be filed, and the case officially enters the litigation procedure, and there is a strict time limit for handling the case in each link. The public security organs should summon the suspect to the case for criminal detention and report to the procuratorate for approval of arrest;
If the suspect is at large, he must be arrested and brought to justice. During this period, minor injury cases can be mediated, and if mediation is unsuccessful, the public prosecution department of the procuratorate will file a public prosecution with the court to investigate the defendant's criminal responsibility, and the victim may file a civil lawsuit attached to the criminal case.
If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
With regard to the issue of medical expenses, Article 19 of the Interpretation stipulates that medical expenses shall be determined on the basis of the receipt vouchers issued by the medical institution for medical expenses, hospitalization fees, etc., combined with relevant evidence such as medical records and diagnosis certificates. If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof.
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If a criminal offense is suspected, the police need to deal with it.
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Legal Analysis: If the public security organs do not necessarily take compulsory measures based on the evaluation of minor injuries alone, they will only go through the formalities of criminal detention for approval if there is other sufficient evidence to prove it. Public security organs conduct investigations, collect and collect evidence of the criminal suspect's guilt or innocence, and the severity or seriousness of the crime.
Current offenders or major suspects may be detained in advance in accordance with law, and criminal suspects who meet the requirements for arrest shall be arrested in accordance with law.
Legal basis: Criminal Procedure Law of the People's Republic of China
Article 82: In any of the following circumstances, public security organs may first detain current offenders or major suspects: (1) those who are preparing to commit a crime, committing a crime, or being 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.
Article 115: Public security organs shall conduct an investigation into a criminal case that has already been filed, and collect and collect evidence of the criminal suspect's guilt or innocence, or the severity or severity of the crime. Current offenders or major suspects may be detained in advance in accordance with law, and criminal suspects who meet the requirements for arrest shall be arrested in accordance with law.
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Legal analysis: There are no clear regulations on how long it takes for the police station to arrest a person from the time the case is filed. As long as there is conclusive evidence, the police station will arrest people.
If the public security organs do not necessarily take compulsory measures only on the basis of the evaluation of minor injuries, they will only go through the formalities of criminal detention for approval only if there is other sufficient evidence to prove it.
Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms 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.
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If the forensic examination constitutes a minor injury, and the beater is already suspected of the crime of intentional injury, the police station shall file a case for investigation and criminally detain the person suspected of committing the crime. Article 80 of the Criminal Procedure Law: In any of the following circumstances, a public security organ may detain an active offender or a major suspect in advance: (1) he or she is preparing to commit a crime, committing a crime, or being 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 the crime of carrying a pill; (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.
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Legal Analysis: Judicial proceedings can generally be commenced within a week. If the public security organs will not take compulsory measures only on the basis of the evaluation of minor injuries, there must be other sufficient evidence to prove that the formalities for criminal detention will be approved.
Legal basis: "Zhongchong Zhenhua People's Republic of China Criminal Law" Article 234 Whoever intentionally harms 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 and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, or where serious injury is caused by especially cruel means, or serious disability, the sentence is to be 10 or more years imprisonment, life imprisonment or death.
Where this Law provides otherwise, follow those provisions.
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