Two people got into a fight after drinking, resulting in a minor injury to one person, how to deal w

Generally, in accordance with the Public Security Administration Punishment Law, it is punished by fighting, fines and detention, and if it is serious, the criminal law must be applied. Regardless of whether the fight was caused by alcohol or not because of one's own intention, as long as there are injuries involved, the beater must be punished and educated.

Legal analysis

In a fight, both sides acted illegally. If one party is slightly injured, the other party's behavior violates the relevant laws and regulations, and it is suspected of intentional injury and must be investigated for criminal liability in accordance with the law. For the injured party, it is not only the victim but also the perpetrator of the violation of the administration of public security, so it is reasonable to give an administrative penalty for public security in accordance with the law.

According to the laws of our country, 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. where serious injury is caused, the sentence is between three and ten years imprisonment; 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. Therefore, the specific number of years of punishment is to be determined by the court based on the sentencing standards for reference to the circumstances.

If the injury is assessed to be minor or above, it constitutes the crime of intentional injury and needs to bear criminal responsibility in accordance with the law! In addition to bearing the corresponding legal liability, the victim should also be compensated for the cost of tort compensation. Although the two drank and got into a fight, it was also a crime and would be punished by the law.

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.

Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments: Whoever assaults another person, or intentionally injures the body of another person, shall be detained for between 5 and 10 days and shall 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.ganging up to beat or injure others;

2.Assaulting or injuring a person with a disability, a pregnant woman, a person under the age of 14, or a person over the age of 60;

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

Article 119 of the Civil Code of the People's Republic of China: Where bodily injury is caused, compensation shall be made for expenses such as medical treatment, lost work, nursing, transportation, lodging, 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.

The injured party can ask the other party to pay a certain amount of compensation, and if the other party does not agree, the police will generally coordinate, and the coordination will not lead to legal procedures. If you don't deal with it, you'll be unlucky, and you'll be at fault.

If two people get into a fight after drinking, resulting in a minor injury, if the police are called, the beating can constitute the crime of minor injury, and will be sentenced to compensation for all economic losses. Exemption from sentencing.

If two people get into a fight after drinking and one person is injured, this can only be negotiated by two people, and the party who is not injured should compensate for the medical expenses, if it can't be negotiated, the police can only be called to solve the problem.

Hello, in this case, the police station may file a criminal case against the party involved for the crime of intentional injury, and the victim can also file a civil lawsuit for compensation.

If a drunken fight results in a minor injury, if it is private, the injured person suffers a little pain, and the beater pays for medical treatment, and then compensates for the loss of work and nutrition expenses. If you choose to call the police, then listen to the police.

Intentionally injuring another person's body, causing minor injuries to the victim, has constituted the crime of intentional injury as provided for in Article 234 of the Criminal Law, and the sentencing principle is fixed-term imprisonment of not more than 3 years, short-term detention or controlled release.

In this case, both people will be responsible, and it will often be determined that one is more responsible, and the person who does it first will definitely make some compensation to the other party.

Call the police to deal with it, let the police uncle deal with it, beat people and detain them severely, and lose money.

If both of them do it, whoever is injured will have the right to claim compensation, so the police will also think that the person who is not injured is wrong.

It's enough to pay each other's medical expenses.

It's better to deal with it privately, it's not good if you don't have to get it to the Public Security Bureau.

Legal analysis: A fight between two people can be punished in accordance with the Public Security Administration Punishment Law.

Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 9: Where violations of the administration of public security such as fights or damage to other people's property caused by civil disputes are relatively minor, the public security organs may mediate and handle them. Where the public security organs mediate and the parties reach an agreement, punishment is not 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 violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.

If the injury is more than slight, it is suspected of intentional injury, which is a criminal act, and it is resolved by the police, thank you.

Legal Analysis: Causing minor injuries to others while drunk is a crime of intentional injury, and a drunk person shall bear criminal responsibility for the crime, and is generally sentenced to fixed-term imprisonment of not more than three years, controlled release or criminal detention. They should actively negotiate compensation with the victim, obtain the understanding of the other party, and cooperate with the judicial organs.

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 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.

In the eyes of the law, there are no mitigating circumstances for violating the law or committing a crime under the influence of alcohol.

If a drunken fight causes minor injuries to others, the public security organ shall impose a public security penalty and detain him for not less than 5 days but not more than 10 days, and impose a fine of 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. When civil compensation is involved, if the two parties fail to reach an agreement through negotiation, they can file a lawsuit with the court for settlement.

1. How to solve the problem of being beaten and bitten by the other party.

A fight can be reported to the police, and the compensation for the injury caused can be settled through negotiation between the two parties, which is a civil dispute. If a minor injury is caused to another person, it is a public security case, and the beater may be fined or detained. If a person causes minor injuries to others, it is a criminal case, and the person who hit the person may be investigated for criminal responsibility, and if the civil compensation caused cannot be resolved through negotiation, a lawsuit may be initiated, and the law provides that whoever assaults another person, or intentionally injures the body of another person, is to be detained for not less than 5 days but not more than 10 days, and is also fined between 200 and 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB, and where social order is disrupted, they are to be sentenced to up to five years imprisonment, short-term detention or controlled release.

2. Is it a crime to deliberately smash someone with a cup if someone else is at fault first?

1. Assaulting or intentionally injuring others without causing minor injuries is an illegal act in violation of the administration of public security, and does not constitute a crime, and the public security organs shall impose public security penalties on the basis of specific circumstances. If the circumstances are particularly minor, the punishment is to be commuted or not punished. The same is true of the fault of others.

2. It is definitely wrong to deliberately hit people with a cup, and may face civil liability, administrative punishment, and serious suspected criminal offenses. Whether a crime is constituted should be considered in consideration of factors such as the injuries of the injured person.

3. Legal knowledge: "Public Security Administration Punishment Law".

Article 43: Whoever assaults another person, or intentionally harms another person's body, is 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.

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) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

3. How long will I be detained for fighting?

In case of fighting, they are generally detained for between 5 and 10 days; where the circumstances are more minor, they are to be detained for up to 5 days.

Article 43 of the Public Security Punishment Law stipulates that anyone who 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.

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) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

Article 43 of the Law on Public Security Administration Punishments provides that anyone who 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.