Can a person who has slightly injured a victim in a detention center withdraw the complaint?

Code of Criminal Procedure

Article 277:In the following public prosecution cases, where the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through methods such as compensating the victim for losses or making formal apologies, and the victim voluntarily settles, both parties may settle:

1) Cases arising from civil disputes that are suspected of crimes provided for in chapters 4 and 5 of the Criminal Law's special provisions, and might be sentenced to up to three years imprisonment;

2) Cases of crimes of negligence other than crimes of dereliction of duty that might be sentenced to up to 7 years imprisonment.

Where criminal suspects or defendants have intentionally committed crimes within 5 years, the procedures provided for in this chapter do not apply.

Article 278:Where both parties settle, the public security organs, people's procuratorates, and people's courts shall hear the opinions of the parties and other relevant persons, conduct a review of the voluntariness and legality of the settlement, and preside over the drafting of the settlement agreement.

Article 279: 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.

Article 234 of the Criminal Law [Crime of Intentional Injury].

Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release.

If your family has compensated the victim and the victim has forgiveness, you can apply for bail pending trial, and you can get a suspended sentence.

No, intentional injury is a criminal offence and is a public prosecution case.

Whether or not to release on bail is subject to the approval of the case-handling unit.

The victim cannot withdraw the lawsuit, and if the victim's forgiveness is obtained, the punishment may be mitigated.

It depends on whether the procedure is a public prosecution or a private criminal prosecution. Public prosecution case.

OK. Generally, the result will be available three days after submitting the application.

Release on guarantee pending further investigation, but it is necessary to meet the requirements that the criminal suspect or defendant might be sentenced to controlled release, short-term detention, or independently apply an additional sentence; A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; At the end of the period of detention, the case has not yet been concluded, and it is necessary to resort to circumstances such as release on bail pending further investigation.

Legal basis. Article 67 of the Criminal Procedure Law of the People's Republic of China.

The people's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) Where a sentence of fixed-term imprisonment or higher may be given, and release on guarantee pending further investigation is adopted to prevent a danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

(1) If the case is under criminal investigation (i.e., during the period of criminal detention), the settlement of the parties does not affect the continuing investigation by the investigating authority;

2) Settlement can only be used as an circumstance in a criminal case;

3) The inspection cloud can make a decision not to prosecute "if the circumstances are minor and the harm is not significant", and then release the person;

4) The people's court may make a judgment that "the circumstances are minor and do not constitute a crime" or "the circumstances are minor and the criminal punishment is waived" and then release the person;

To sum up, the parties settle and whether to release the person in the public security investigation stage basically have no impact, and generally only have an impact on the procuratorate's review of the prosecution and the people's court's trial.

China's criminal law stipulates that if an intentional injury causes minor injury to the victim, criminal responsibility shall be pursued, that is, a criminal offense has been constituted, and the victim's forgiveness cannot be withdrawn in a timely manner, but the punishment may be mitigated, commuted, or exempted.

Article 234 of the Criminal Law of the People's Republic of China [Crime of Intentional Injury] Whoever intentionally harms the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release.

China's "Supreme People's Court's Sentencing Guiding Opinions on Common Crimes":

2) The crime of intentional injury.

1.Where the crime of intentional injury is constituted, the starting sentence may be determined within the corresponding range on the basis of the following different circumstances:

1) Where intentional injury causes minor injury to one person, the starting sentence may be determined within the range of up to two years imprisonment or short-term detention.

Where a fight causes injury to the victim, and upon evaluation it is found to be a minor injury or more, it constitutes the crime of intentional injury, and is sentenced to up to three years imprisonment, short-term detention, or controlled release in accordance with law. The suspect may be held in a detention center for five or six months, and then sentenced and served.

Legal basis: Article 234 of the Criminal Law [Crime of Intentional Injury] Whoever intentionally harms 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.

If the crime of intentional injury is constituted, the sentence for minor injuries is also 6 months to 1 year and 6 months.

Prison to sentencing, generally 4 months to the court**.

Guangzhou lawyer Guan Dongping.

Family members or lawyers may submit an application for release on guarantee pending further investigation, and the case-handling organs are to decide whether to agree on the basis of the circumstances of the case.

The law stipulates that: 1. Article 65 of the Criminal Procedure Law clearly stipulates that the people's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation under any of the following circumstances: (1) where a person might be sentenced to controlled release, short-term detention, or independently applied a supplementary sentence; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; 4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

II. According to article 78 of the "Provisions on the Procedures for Handling Criminal Cases by Public Security Organs": Repeat offenders, principal offenders of criminal groups, criminal suspects who evade investigation by means of self-injury or self-harm, and criminal suspects of serious violent crimes and other serious crimes must not be released on guarantee pending further investigation.

Since it is a criminal detention, only the person who does not file the case can come out if the procuratorate's evidence is insufficient.

Lose money, obtain the other party's understanding, let the other party write a letter of understanding, and it is estimated that you will have to engage in a relationship, provided that the person who intentionally hurt has no previous convictions and bad deeds.

Looking for the director of the above relationship to fish out, there must be acquaintances, and generally no one pays attention to you.

If the fight results in minor injuries in the second degree, the court can be sentenced about five months after the arrest. The maximum is eight months.

Criminal detention for up to 37 days, followed by a return home waiting for court**, generally within 3 months.

It takes five to six months to apply the ordinary procedure from criminal detention to court decision.

Don't worry, it's just a minor injury, just lose some money!

Being held in a detention facility may be administrative detention, criminal detention or arrest, or if the former is the former, you will be fine after your release at the end of the detention period. In the case of the latter, it is also subject to criminal procedures of investigation, prosecution, trial and execution. Unless the evidence is insufficient, the public security organs will not withdraw the case, and they have no power to withdraw the case.

That depends on how far the case goes, if it is not submitted to the procuratorate for prosecution, the public security bureau thinks that the case is too light and does not need to be prosecuted, it should be okay.

According to the relevant laws and regulations, there is no bail system in China, but China has a bail system similar to bail, and as long as the conditions for bail are met, you can apply for bail pending trial.

Criminal Procedure Law of the People's Republic of China

Article 65: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

(2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society;

(3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs

Article 77: Public security organs may release criminal suspects on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

(2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society;

(3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society;

4) The period of detention is complete, the case has not yet been completed, and it is necessary to continue the investigation.

For criminal suspects in custody, where the evidence does not meet the requirements for arrest, and where the people's procuratorate does not approve the arrest after an arrest is submitted, and it is necessary to continue the investigation, and the requirements for release on guarantee pending further investigation are met, they may be released on guarantee pending further investigation in accordance with law.

Article 78: Repeat offenders, principal offenders of criminal groups, criminal suspects who have escaped investigation by means of self-injury or self-harm, and criminal suspects of serious violent crimes or other serious crimes must not be released on guarantee pending further investigation, except where the criminal suspect has the circumstances provided for in items (3) and (4) of the first paragraph of article 77 of these Provisions.

He is currently in the detention center for minor injuries caused by the beating, and has already received compensation and the other party's understanding, but now he cannot be released on bail pending further investigation, and may not meet the conditions for release on bail pending further investigation.

Code of Criminal Procedure

Article 65: People's courts, people's procuratorates, and public security organs may remove criminal suspects or defendants in any of the following circumstances from a criminal suspect or defendant on bail pending further investigation

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause the occurrence of social records that would be dangerous;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Article 66: People's courts, people's procuratorates, and public security organs deciding to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.