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If a fight has entered, whether the prisoner's mobile phone can be brought back should be considered whether the mobile phone is related to the case, and the specific situation should be determined.
All kinds of property and documents discovered during investigative activities that can be used to prove the guilt or innocence of the criminal suspect shall be sealed or seized; However, property and documents unrelated to the case must not be sealed or seized.
In accordance with the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs".
Article 222: All kinds of property and documents discovered during investigative activities that can be used to prove a criminal suspect's guilt or innocence shall be sealed or seized; However, property and documents unrelated to the case must not be sealed or seized.
Where the possessor refuses to hand over property or documents that shall be sealed or seized, the public security organs may compel the sealing or seizure.
Article 223: Where it is necessary to seize property or documents during the course of investigation, a written decision on seizure shall be drafted upon approval by the responsible person for the case-handling department; Where it is necessary to seize property or documents during on-site investigation or search, the on-site commander is to make a decision; However, where the value of the seized property or documents is relatively high or might seriously impact normal production and operation, a written decision on seizure shall be drafted upon the approval of the responsible person at a public security organ at the county level or above.
Where it is necessary to seal land, houses, or other immovable property, or specific movable property such as ships, aircraft, or other large machinery or equipment that is not suitable for movement, it shall be upon the approval of the responsible person at a public security organ at the county level or above, and a written decision on sealing shall be drafted.
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If you enter the police station because of a fight, you may need to bear civil, administrative or criminal liability. If the fight does not constitute a crime, it will be punished by public security. If a fight results in more than minor injuries to another person, then it will constitute the crime of intentional injury and bear criminal responsibility.
Article 230 of the Criminal Law of the People's Republic of China: Whoever intentionally injures another person's body in a gross manner 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, 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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Since there is a fight between the two sides and someone calls the police, then after the police are called, the people involved in the fight will be taken to the public security organs to be investigated and dealt with, and under normal circumstances, they may be detained. However, it still depends on whether the other party is injured, and if it constitutes a minor injury, it may also be investigated for criminal responsibility. At the same time, according to the provisions of Article 43 of China's "Public Security Administration Punishment Law", anyone who beats others or intentionally injures others shall be detained for not less than 5 days but not more than 10 days, and shall 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 specific time when you can come out of the police station after entering the police station due to a fight depends on the specific harm caused by the fight, and if a person is injured or killed during the fight, it may have serious consequences of criminal detention.
1. How to determine the slight injury of intentionally injuring others.
Intentionally injuring another person causing minor injuries is not a crime and is not punishable by a prison sentence, but may be subject to a public order penalty. According to the "Public Security Administration Punishment Law of the People's Republic of China": Article 43, anyone who beats others, or intentionally harms others, 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.
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) Assaulting or injuring others in a group; (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. What should I do if I am slightly injured by others and the other party does not compensate?
Although it does not constitute a crime, it is also an illegal act. Those who assault others, or intentionally injure others, are 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. Where the circumstances of the fight are relatively minor, the public security organs generally coordinate the handling of the case, and where coordination fails, punishment is to be given in accordance with the "Public Security Administration Punishment Law".
Minor injuries caused by a fight may result in detention and fines if the other party does not pay compensation.
Article 43 of the Public Security Administration Punishment Law of the People's Republic of China "Assaulting others, or intentionally injuring others' bodies, shall be detained for not less than 5 days but not more than 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.
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