The law hurts people, the rescue is ineffective, and the death is ineffective, and the friends who u

From the analysis of the situation you have expressed, your brother's actions are in the nature of legitimate self-defense, and if they exceed the necessary limit, they are considered to be excessively defensive, and they should bear criminal responsibility. However, the punishment shall be mitigated and commuted, and criminal punishment may be waived where the circumstances are minor. If you have not committed the act of assault, you will not be held criminally responsible.

1. The crime of intentional injury causing death.

2. Joint crimes.

3. Fixed-term imprisonment, or hire a lawyer as soon as possible, he will give you strong help.

FYI.

Your brother is guilty of intentional injury causing death, and is sentenced to more than 10 years in prison, life imprisonment, or death. If civil compensation is not good and the victim's forgiveness is not obtained, it is easy to sentence life imprisonment.

It's not easy to be an emergency avoidance like your brother. If the other party is barehanded, and you don't have any injuries, it is difficult to determine that your brother has too much emergency avoidance in terms of evidence.

Judging by your statement, you are fine.

Khan, how can you do things so impulsively and so recklessly?

In addition, the analysis of your problem is as follows: Your brother's negligent death can be considered from the perspective of righteousness or self-defense. You should not be punished by criminal law.

At most, it's your brother's problem. You may be involved in some financial compensation.

Article 20 of China's Criminal Law stipulates that if an act taken to stop an unlawful infringement is taken in order to protect the state, the public interest, the person, property and other rights of oneself or others from ongoing unlawful infringement, and causes damage to the unlawful infringer, it is justified defense and does not bear criminal responsibility.

Where legitimate defense clearly exceeds the necessary limit and causes major harm, criminal responsibility shall be borne, but punishment shall be commuted or waived.

Legal analysis: If the patient dies and the doctor and the patient cannot determine the cause of death or have objections to the cause of death, an autopsy shall be conducted within 48 hours of the patient's death; Where there are conditions for freezing the corpse, it may be extended to 7 days. The autopsy shall be with the consent and signature of the deceased's close relatives.

The autopsy shall be conducted by institutions that have obtained corresponding qualifications in accordance with relevant state provisions and by professional and technical personnel in the dissection of the sick Tongkuanli. Institutions undertaking autopsy tasks and pathological dissection professionals have the obligation to conduct autopsies. Parties to a medical malpractice dispute may invite forensic pathologists to participate in the autopsy, or they may appoint a representative to observe the autopsy process.

Where the refusal or delay of the autopsy exceeds the prescribed time and affects the determination of the cause of death, the party who refuses or delays is to bear responsibility.

Legal basis: Regulations of the People's Republic of China on the Handling of Medical Accidents

Article 18: Where a patient dies and both the doctor and the patient cannot determine the cause of death or have objections to the cause of death, an autopsy shall be conducted within 48 hours of the patient's death and the conditions for freezing the corpse may be extended to 7 days. The autopsy shall be with the consent and signature of the deceased's close relatives. Autopsies shall be conducted by institutions and pathological and dissecting professionals who have obtained corresponding qualifications in accordance with relevant state provisions.

Institutions undertaking autopsy tasks and pathological dissection professionals have the obligation to conduct autopsies. Parties to a medical malpractice dispute may invite forensic pathologists to participate in the autopsy, or they may appoint a representative to observe the autopsy process. Where the refusal or delay of the autopsy exceeds the prescribed time and affects the determination of the cause of death, the party who refuses or delays is to bear responsibility.

Article 19: Where a patient dies in a medical establishment, the body shall be immediately moved to the morgue. The storage time of the deceased's body should generally not exceed 2 weeks. For corpses that are not disposed of within the time limit, the dismantling shall be approved by the health administrative department for the location of the medical establishment, and after reporting to the public security department at the same level for the record, the medical establishment shall dispose of it in accordance with regulations.

The handling of medical malpractice disputes shall be determined according to the responsibilities of the parties in the process of relevant damages, and the consequences of different liability determinations are different, and if it is not a medical malpractice caused by the illegal operation of the medical department, then there is no need to bear legal responsibility, and the specific circumstances can be determined according to the actual situation.

Legal analysis: There is no absolute connection between death on the spot and death that is ineffective in resuscitation and sentencing, because in the end it is the result of the harmful act.

Legal basis: Provisions on Procedures for Handling Road Traffic Accidents Article 43 The traffic management department of the public security organ shall, according to the jurisdiction of the area and road conditions, formulate a traffic hit-and-run case investigation plan. In the event of a traffic hit-and-run case, the traffic management department of the public security organ shall, based on the parties' statements, witness testimony, traces of the traffic accident scene, remnants and other clues, promptly start the investigation plan, and arrange the interception and investigation first.

Legal Analysis: According to Article 133 of the "Law of the People's Republic of China on Criminal Brothers' Troubles", 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 detention and dismantling; Whoever causes the death of a person who is in trouble as a result of escaping shall be sentenced to fixed-term imprisonment of not less than seven years.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the regulations on the administration of transportation 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 short-term detention; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

A person died on the spot in a traffic accident, and how to judge the death of a person who was ineffective after being rescued by the hospital.

Whoever, on the basis of Article 133 of the Criminal Law of the People's Republic of China, violates traffic and transportation management regulations, resulting in a major accident that causes serious injury or death to a person or causes major losses to public or private property, shall be sentenced to up to three years imprisonment or short-term 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.

According to the relevant judicial interpretations, the crime of causing a traffic accident can be convicted if one of the following circumstances is met:

1. One person is killed or three or more people are seriously injured, and the person bears full or main responsibility for the accident;

2. If there are more than 3 deaths, the person bears equal responsibility for the accident;

3. Causing direct losses to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for more than 300,000 yuan. It should be noted that the amount of more than 300,000 yuan here does not refer to the amount of property damage caused by the accident itself, but to the amount that the perpetrator is unable to compensate. According to this standard, if the amount of direct property loss is less than 300,000 yuan, or the loss far exceeds Liang Jianzhi's 300,000 yuan but is less than 300,000 yuan after compensation, it does not constitute this crime;

4. If a traffic accident causes serious injury to more than one person, and bears full or primary responsibility for the accident, and has one of the following circumstances:

1) Driving a motor vehicle after drinking alcohol or taking drugs;

2) Driving a motor vehicle without driving qualifications;

3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;

4) Knowingly driving a motor vehicle without a license or has been scrapped;

5) Driving with serious overload;

6) Fleeing the scene of an accident in order to evade legal prosecution.

According to the provisions of Article 133 of the Criminal Law, whoever commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention; Where a traffic accident occurs and escapes, or there are other especially heinous circumstances, a sentence of between 3 and 7 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 7 years.

The other particularly heinous circumstances described above refer to any of the following circumstances:

1) If more than 2 people are killed or more than 5 people are seriously injured, they are fully or mainly responsible;

2) 6 or more people are killed and are equally responsible for the accident;

3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for more than 600,000 yuan.

The solution of such problems must be carried out in accordance with the relevant laws and regulations, because the relevant ministries of the state will intervene in the investigation, and there will be a clear written statement on the division of responsibilities between the parties, on the other hand, there will be certain legal protection for the protection of their own interests, even if they are the perpetrators of the accident.

It is to take prompt and timely medical treatment for the critically ill wounded and sick, and finally the patient has no vital signs.

Rescue refers to surprise rescue in critical situations. Such as: rescue of the sick, wounded, pets, etc. An important principle in rescuing patients is to buy time. There are many kinds of rescue equipment, such as cardiac pacemakers, ventilators, defibrillators, ECG monitors, etc.

There are different theories of death like respiratory arrest, pulse arrest theory, heart beat arrest theory, etc. In modern medicine, the theory of brain death has been put forward, because brain death is death.