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As long as the injuries are minor or less, and the victim is not pursued, he does not bear criminal responsibility; If the injury is minor or above, even if the victim is not prosecuted, the public security organ will investigate criminal responsibility in accordance with the law.
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First, our law stipulates that in the case of beating others (minor injuries) or intentional damage to public or private property caused by civil disputes, upon the application of both parties, the two parties can reach an agreement, and the public security organs may give mediation in accordance with the law. Second, if the victim's injuries are assessed to be minor, under normal circumstances, the public security organs will not provide mediation, but if the parties can reach a consensus after the fact, they are willing to reach a consensus through consultation, and the injured party voluntarily waives pursuing the criminal responsibility of the beater, and the public security organs may mediate for him. If the victim's injuries are serious, the public security organs cannot mediate the crime of intentional injury causing serious injury (death).
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No more. The case has been reported, and the police will continue to investigate if the report is withdrawn.
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Yes, as long as it does not constitute serious injury, the public security and judicial organs advocate mediation.
If the other party does not mediate, if the procuratorate will prosecute if the injury is minor, the court will generally sentence a suspended sentence and no actual sentence; Serious injuries are punishable by real sentences.
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The process of fighting to report to the police station is: the two parties have a fight, and after calling the police, both parties will be taken back to the police station for interrogation, asking about the reason for the fight and whether there is an active party. Then, based on the specific information obtained, the nature of the case is judged, if it is intentional injury to others and causes minor injuries, it is suspected of intentional injury, and if it is arbitrarily assaulting others and causing minor injuries, it is suspected of picking quarrels and provoking trouble.
If there are more than five people involved in the fight, it is a crowd fight. Depending on the verdict, different penalties will be imposed.
Legal basis: Article 43 of the "Public Security Administration Punishment Law": 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 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.
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 fixed-term imprisonment of not more than three years, short-term detention or controlled release.
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The process after the police station reports a fight is generally as follows: the police station assists the party in conducting an injury evaluation; If the perpetrator causes minor injuries, the police station will impose a public security penalty on him; If the perpetrator causes minor injuries or more, the crime of intentional injury is suspected, and the police station will file a case for investigation.
Public Security Administration Punishment Law
Article 9. The public security organs may mediate and handle violations of the administration of public security, such as fights and brawls caused by civil disputes, or damage or disturbance of other people's property, where the circumstances are relatively minor. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.
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.
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After a fight is reported, how does the police station solve it? After the fight is reported, how does the police station solve the problem for both parties to the fight, if neither party has more than minor injuries at that time, it is a public security case; After the case is reported, the following relevant processes will be followed: 1. If the circumstances are minor, both parties can be criticized and educated.
2. If it constitutes a violation of the "Public Security Administration Punishment Law", the party concerned may be punished for public security. 3. If a crime is constituted, a criminal case shall be filed to investigate the criminal responsibility of the parties. In addition, for losses caused by fights, the police station can also organize mediation between the two parties.
At this time, if the mediation fails, both parties can decide to have the court adjudicate. If you receive a summons from the court, it means that someone has been sued in court and you have become a defendant. At this time, they should actively respond to the lawsuit in accordance with the instructions of the court and the provisions of the law, and also use the law to protect their legitimate rights and interests.
1. Sign for all kinds of litigation documents served by the court, including notices to respond, summonses, notices to present evidence, etc. 2. The parties may conduct litigation on their own, or they may entrust one or two litigants as needed. 3. Submission of a reply.
The law requires the defendant to file a reply within 15 days of receiving a copy of the complaint. 4. Collect and submit evidence. Be sure to read the "Notice of Proof" of the Humai Court in detail, and strictly follow the requirements of the court to present evidence.
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I am almost 40 years old and have not reported to the police, and the people around me are quite satisfied with the results of the police treatment.
The public security police station handles general public security cases like this:
1. Preliminary investigation, the police station receives a report from the masses, or a police report sent by 110, and conducts an investigation first, including the suspect (that is, the person who beat the person), the victim (that is, the person who was beaten or the person who was stolen, etc.) on the occurrence, development, result, cause, means, time, place, etc.
2. Further investigation, during which witnesses and other persons who can prove the circumstances of the case and know the facts of the case are investigated to further investigate all the facts of the case, and this period is generally 8 days. When it comes to injuries, the injuries can be identified (that is, the usual injury identification), or the loss of items (** identification). The time for psychiatric evaluation is not included in the time limit for handling cases.
3. Examination and approval, according to the facts of the case, the case-handling personnel will take out the opinions on the handling of the history according to the legal provisions and examine and approve them layer by layer.
4. Deal with and punish the suspect. Both sides were dissatisfied with the punishment, and Kesen Rotten Sun reconsidered.
This is a general procedure, and it is also said in general terms. Generally in about a month, in combination with the case situation, the police station should issue a penalty decision to both parties when handling the case, it is wrong not to receive the penalty decision, after the police station has handled the administrative case (such as administrative detention of the suspect, administrative fines, administrative warnings, etc.), you can bring the "penalty decision", "hospitalization receipt" to the court to litigate on the civil issues of both parties. For minor public security cases caused by civil disputes, the police station can adjust and deal with them, and the police station may not adjust for other reasons, such as the other party's reluctance to adjust, or there are circumstances that cannot be adjusted by law.
You can go to the police station to ask about the specific situation of your case, and then go to the court to file a lawsuit, and the court will go to the police station to collect relevant evidence of the case and make a judgment.
The relevant departments of our country have handled such cases in a relatively timely manner to prevent the victims of the cases from continuing to be harmed. What will happen to the police station after a fight is reported to the police, and the trial will be conducted according to the actual situation of the case, and a judgment will be made according to the actual situation of the victim.
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