was beaten, how did the judicial appraisal identify it as a serious injury or a minor injury! How to

If you are not at fault, it is a criminal act, the crime of intentional injury, you need to bear criminal responsibility, if it is due to the conflict and dispute between the two parties, the fight and brawl, causing this kind of minor injury is also a violation of the Public Security Punishment Law, and you need to be detained by public security.

You're a minor injury, because the tooth fell out, not kidding, it's true.

Legal Analysis: Minor injuries are generally punishable by up to three years in prison, criminal detention or controlled release. Minor injuries refer to injuries that cause damage to a person's limbs or appearance, partial impairment of hearing, vision or other organ functions, or other injuries that are moderately harmful to human health, including minor injuries of the first degree and minor injuries of the second degree.

Legal basis: Article 234 of the Criminal Law of the People's Republic of China: 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.

After the fight, there was no forensic examination, and it was not legally efficient to find a doctor to prescribe a minor injury evaluation. Must go to a county hospital or above, including a county hospital. Evaluations made in accordance with law by hospitals at or above the second grade level, or by institutions and personnel with judicial appraisal qualifications.

In addition, only a diagnosis certificate issued by a qualified doctor from a medical institution licensed by the competent health administrative department can be used as the basis for the public security organ to determine the degree of personal injury.

Legal analysis

Fighting is an intentional injury, usually an act of intentional harm to the physical health of another person. Minor circumstances are punishable by fines or detention, and serious circumstances warrant criminal liability. The objective aspect of the crime is manifested in two meanings:

First, the perpetrator's conduct must be illegal, and if it is a lawful medical act, it cannot constitute this crime; Second, the physical health of others must be harmed, including damage to personal tissues and damage to the normal functions of body organs; The degree of damage can be divided into three levels: minor injury, serious injury, and death. In practice, the appraisal of the result of the injury should be comprehensively considered by combining the injury at the time of the injury with the result after the injury, and factors such as the relationship between the injury site and the victim's occupation should also be taken into account. In terms of the subject of this crime, according to the provisions of relevant laws, it is divided into two situations:

Where intentional injury causes minor injury, a person who has reached the age of 16 shall bear criminal responsibility; A person who has reached the age of 14 shall be held criminally liable if the intentional injury causes serious injury or death. In practice, ascertaining the content of the perpetrator's subjective intent is of decisive significance in distinguishing this crime from the crime of intentional homicide. If, when carrying out the act, the perpetrator has a laissez-faire attitude toward the death or injury of others, a comprehensive examination shall be conducted based on factors such as the means and tools used by the perpetrator and whether the part of the blow was fatal, to determine whether the perpetrator's intentional content deprived others of their lives or harmed their health.

Legal basis

Public Security Administration Punishment Law of the People's Republic of China》 Article 43 Whoever assaults another person's friendliness or intentionally harms another person's body shall be detained for not less than 5 days but not more than 10 days, and shall also be fined between 200 and 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB: (1) Gang beating or injuring others; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

Hello, judging from the practice of the Liang Law of the bender, in this case, it should be your request to entrust a judicial appraisal agency to conduct an appraisal in accordance with the law, rather than your own entrustment!

Where a person is slightly injured and the person who beats the person needs to bear civil compensation and public security punishments, and where a fight or damage to other people's property is caused by a civil dispute, the public security organs may handle it in a simple and balanced manner. Where the public security organs mediate and the parties reach an agreement, punishment is not to be given.

Legal analysis: 1. If it is a slight injury, the other party can be required to bear civil liability, and if the police station cannot mediate, it can directly go to the court to sue, and at the same time, it can request an administrative penalty. If it constitutes a minor injury or more than a minor injury, the person who rented a split shirt and beat someone is suspected of the crime of intentional injury and shall be investigated for criminal responsibility in accordance with the law.

After the public security organ files a case, the victim may also file a civil lawsuit attached to the criminal case to demand compensation. Of course, it is also possible to sue directly in court for personal injury compensation. 2.

The items of compensation for personal injuries include: where the injury causes injury to another person and the disability has not yet been caused, compensation shall be made for medical expenses and loss of income due to lost work. Medical expenses generally include medical expenses, ** expenses, nursing expenses, transportation expenses, accommodation expenses, necessary nutrition expenses, etc.

3.If the negotiation of the compensation project fails, it can be litigated.

Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 43 Whoever assaults another person or intentionally harms another person's body shall be detained for not less than 5 days but not more than 10 days and shall also be fined between 200 and 500 RMB; where the circumstances are more minor, Yuan Lu is to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB

1) Gang up to beat or injure others; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.