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First, the victim should promptly report to the police, and then conduct a forensic medical evaluation, based on the results of which the legal responsibility of the beater is decided.
1. If the appraisal is a minor injury, the public security organs shall impose a public security penalty on the beater.
and bear the victim's medical expenses and lost work expenses.
and other fees. Public Security Administration Penalty Law.
Article 43: "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 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. ”
2. If the evaluation result is a minor injury, 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.
Criminal law. Article 234 [Intentional injury.
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 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 or life imprisonment.
Or the death penalty. Where this Law provides otherwise, follow those provisions.
3. The scope of civil compensation is based on the provisions of Article 17 of the [Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases], including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and so forth.
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You should call the police, because the public security organs are here to help the people solve the case, and it is best to provide more decent clues.
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Legal analysis: report the case in a timely manner, the police station has the obligation to investigate whether there is a beating, you can ask the public security bureau to organize an appraisal of your injury, or you can file a public security case, remember to keep relevant evidence, including hospitalization certificates, etc. If the injury was not discovered at the time, but it is later confirmed by examination and it can be proved that it was caused by the assault, the statute of limitations for personal injury is one year from the date on which the injury was diagnosed.
Legal basis: Article 506 of the Civil Code of the People's Republic of China The following exemption clauses in the contract are invalid: (1) causing personal injury to the other party; (2) Intentionally or grossly negligently causing damage to the other party's property.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injuries Article 1: Where the person entitled to compensation sues for compensation due to the infringement of life, body, or health, and requests compensation from the person obligated to compensate for material or moral damages, the people's court shall accept it. The term "compensation right holder" as used in this article refers to a victim who has directly suffered personal injury as a result of the tort or other causes of harm, as well as the close relatives of the deceased victim. "Compensation obligor" as used in this article refers to natural persons, legal persons, or unincorporated organizations that shall bear civil liability in accordance with law for their own or others' tortious acts or other causes of harm.
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Legal Analysis: Can be called to the police.
1.Assaulting a person violates the Public Security Administration Punishment Law, and the statute of limitations for receiving an administrative penalty is two years.
2.If a minor injury is caused and the crime of intentional injury is suspected, the minimum statute of limitations for pursuing criminal liability is five years.
3.In terms of civil compensation, the statute of limitations for personal injury compensation is one year.
Legal basis: Criminal Law of the People's Republic of China Article 234 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 of pickpocketing 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 and causes 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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After reporting to the police, the public security bureau arranges for an injury evaluation, and the public security organs may mediate and deal with violations of public security and management such as fights or damage to other people's property caused by civil disputes, and the circumstances are relatively minor. If it is only a minor injury, the other party shall be detained or fined by the administrative department, and at the same time, shall bear civil liability for compensation. If it constitutes a minor injury, the other party constitutes the crime of intentional injury and bears criminal responsibility.
If a criminal offence is constituted, it will be handed over to the Criminal Police Brigade for handling.
Criminal Law of the People's Republic of China
Article 37.
Non-penal disposition measures] Where the circumstances of the crime are minor and do not require a criminal punishment, criminal punishment may be waived, but based on the different circumstances of the case, a reprimand or order a statement of repentance, a formal apology, or compensation for losses, or the competent department may give an administrative punishment or administrative sanction. Article 234.
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.
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Legal analysis: If the injury caused by the beating is minor, if the other party does not compensate, evidence can be collected and filed with a court of competent jurisdiction. If the injury is minor or higher, and the other party is suspected of the crime of intentional injury, after the procuratorate initiates a criminal lawsuit, the victim may file a civil lawsuit attached to the criminal case to demand compensation for economic losses.
Legal basis: Criminal Law of the People's Republic of China Article 234 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 and causes 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 and causes 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, Prudence shall follow those provisions.
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Legal analysis: If you are beaten up, you can call the police, but you have to provide evidence. The public security organs will take different measures against the perpetrators depending on the cause, and if the circumstances are less severe than the state grinding, they can conduct mediation, criticism and education, and if the circumstances are more serious or heinous, they can be warned, fined, or detained.
Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 43 Whoever assaults another person, or intentionally harms the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be 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. 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) Repeatedly beating or injuring others or assaulting or injuring multiple people at a time.
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