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The responsibility is quite big to see if the other party has called the police
Call the police, you're going to be away for a while
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1. Whether criminal responsibility must be borne for the minor injury.
Where intentional injury causes minor injury, the perpetrator bears criminal responsibility. The severity of the injury needs to be examined by a forensic doctor, and if it is a minor injury identified by the forensic doctor, it will bear criminal liability and the corresponding civil liability for compensation. Minor injuries are cases that may be prosecuted privately, but if the victim makes a complaint to the public security organs, the public security organs shall file and handle it as a public prosecution case.
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.
2. What are the constitutive elements of the crime of intentional injury?
1) Subject matter elements.
The object of this crime is the bodily right of others, and the so-called bodily right refers to the personality right of a natural person whose content is to protect the integrity of his limbs, organs and other tissues.
2) Objective elements.
This crime is objectively manifested in the commission of an act of unlawful damage to the body of another person.
Actions that harm the body of others can take the form of either positive or negative omissions. The former such as punching and kicking, slashing, smashing, smashing, boiling water, etc.; In the latter case, if the babysitter, who is responsible for protecting the child, is irresponsible and does not care when she sees the child poking a knife at the body, and as a result, the child stabs herself in the eye, which may constitute this crime.
Further information: If a certain act of causing injury is permitted by law, it cannot constitute the crime of intentional injury, such as if the injury caused by legitimate defense and was not excessive, and the doctor amputates the patient's limb for treatment. Whether harm done with the victim's consent is lawful is to be specifically analyzed.
If the victim's consent is intended to achieve a harm to society, such consent does not preclude the unlawfulness of the harmful act; If the consent is for the benefit of society, the unlawfulness of the harmful act of another person can be excluded.
Legal basis]: According to the Criminal Law of the People's Republic of China
Article 234: [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.
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Minor injuries need to be determined by the public security organs, and in accordance with the provisions of the Criminal Law, those who intentionally assault others causing minor injuries to others are subject to criminal punishment, and there are many crimes that have already met the criteria for filing a case for minor injuries. So please analyze the specific problem on a case-by-case basis.
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Hello, if you want to be in charge, you must have evidence to prove it.
For example, did you go to the police station to make a transcript of the conversation to confirm who injured whom? For the fact that there is no clear fact on that day, although there may be a certain amount of responsibility in practice, it is not legally possible to establish an unsubstantiated injury accusation.
Zongheng Legal Network-Zhejiang Everbright (Shanghai) Law Firm-Xiang Tianci lawyer.
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It is necessary to see the damage caused.
1. If it is a collapsed fracture, it constitutes a minor injury. constitutes the crime of intentional injury as provided for in Article 234 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention or public surveillance;
2. If it is a linear fracture, it constitutes a minor injury, and it shall be punished according to Article 43 of the Law on Public Security Administration Punishments.
Article 43: 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.
3. No matter what kind of injury the injury, the victim can claim compensation for personal injury.
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The other person needs to prove that there is a causal link between the broken nose and the fight 1 week ago.
If the other party cannot prove it, your friend has the right to refuse compensation.
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The regulations on public security administrative penalties are not considered criminal offenses.
Article 26: Those who commit any of the following conduct are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB
1) Gang fighting;
2) Chasing or intercepting others;
3) Forcibly taking or arbitrarily destroying or occupying public or private property;
4) Other acts of picking quarrels and provoking trouble.
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If the broken nose is a minor injury after a forensic examination, your friend will be held criminally liable.
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Minor injuries Minor injuries Severe injuries increase in severity.
Minor injuries can be adjusted privately Minor injuries can be investigated by the police station So you can be detained It's still quite serious Go to an appraisal first Generally go to the public security hospital.
There is no reason to fight, and whoever is injured is justified.
These are all fights with my friends when I was in college, and I listened to what JC said when I accompanied me to the police station to make a record, so after the identification, if the other party really has a fracture, it is best to adjust it privately, otherwise it will be very unfavorable to your friend if the case is filed, I am not a student of the law, but I have personally experienced these minor injuries, I remember that the wound is no more than 6 centimeters, and if it is exceeded, it is a minor injury, and the police station must intervene.
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Intentional injury, which can be a prison sentence!
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