If you drink and hurt someone, after being detained for 2 months, you will also be compensated, how

Where a person is criminally detained for two months for a drunken traffic accident, he shall be convicted and sentenced in accordance with the consequences caused.

Article 133 of the Criminal Law stipulates that a person who violates traffic and transportation management regulations and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Article 133-1 of the Criminal Law stipulates that anyone who drives a motor vehicle on a road in any of the following circumstances shall be sentenced to short-term detention and a concurrent fine:

1) Chasing and racing, where the circumstances are heinous;

2) Driving a motor vehicle while intoxicated;

C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit;

4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.

Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph.

Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

I've been detained for two months, so I guess I'm more than a minor injury. If you pay compensation, you will not be sentenced if you sign a "What is the book of not pursuing criminal responsibility" (I don't remember the name). If you don't pay for it, it will be up to three years.

For the specific sentence, please refer to the sentence of "Intentional Injury", which is available in the library. I work at the police station, and the price in Shenyang is 3,000-8,000 for minor injuries, 30,000-80,000 for minor injuries, and 10-300,000 for serious injuries. As long as the compensation is signed, the agreement will not be awarded, (I really don't remember what it is called, I am in charge of drug control).

Analysis of legal documents:

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.

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.

Legal basis: Public Security Punishment Law of the People's Republic of China 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 be fined between 200 and 500 yuan for the first time; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

1) Gangs to beat arguments and harm 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.

Those who are imprisoned in a detention center for drinking alcohol and being suspected of being beaten up by the public security organs are given the punishment of administrative detention, and in the legal norms, there is no provision for bail for the parties who have been subject to administrative detention, and only if the parties are criminally detained or arrested on suspicion of committing a crime, they can be released on bail pending trial in accordance with the provisions of the relevant laws.

Article 72 of the Criminal Procedure Law of the People's Republic of China provides that the organ making the decision on release on guarantee pending further investigation shall comprehensively consider the need to ensure the normal conduct of litigation activities, the danger to society of the person released on guarantee, the nature and circumstances of the case, the severity of the punishment that may be given, and the economic status of the person released on guarantee, and determine the amount of the guarantee deposit.

The person providing the guarantee deposit shall deposit the guarantee deposit into a special account at the bank designated by the enforcement organ.

Legal analysis: Those who are imprisoned in a detention center for fighting should be punished by the public security organs with administrative detention, and in the legal norms, there is no provision for the so-called "bail" of the parties who are subject to administrative detention, and only if the parties are criminally detained or arrested on suspicion of committing a crime, they can be released on bail pending trial in accordance with the provisions of the Criminal Law on Judicial Matters.

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, 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 reaching an agreement, 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 file a civil lawsuit in the people's court in accordance with law regarding the civil dispute.

Criminal Law of the People's Republic of China》 Article 234 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.

Intentional injury causing minor injury can be investigated for criminal responsibility. As for the arrest, it is estimated that it will have to wait for a while, ranging from 4 to 7 days to 37 days, and then it will be handed over to the procuratorate for approval.

Minor injuries are suspected of the crime of intentional injury, and compensation is to be actively compensated, and efforts are made to find it to be legitimate defense, and criminal responsibility is not to be pursued.

Article 234 of the Criminal Procedure Law of the People's Republic of China [Crime of 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.

Article 279 of the Criminal Procedure Law of the People's Republic of China: In cases where a settlement agreement is reached, the public security organs may submit a recommendation for leniency to the people's procuratorate. The people's procuratorate may submit a recommendation for lenient punishment to the people's court; Where the circumstances of the crime are minor and no criminal punishment is required, a decision may be made not to prosecute. The people's court may give a lenient punishment to the defendant in accordance with law.

Justifiable self-defense is a method of causing a certain amount of damage to a person who is committing an ongoing unlawful offense. It should meet four conditions:

1. The legitimate defense must be directed at an unlawful offense;

2. It must be when the unlawful infringement is ongoing;

3. The legitimate defense must be directed against the unlawful aggressor;

4. Justifiable defense cannot exceed a certain limit.