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Minor injuries caused by domestic violence are subject to detention, and those who assault others or intentionally injure others are to be detained for not less than 5 days but not more than 10 days. At the same time, if the circumstances of domestic violence are serious, criminal responsibility will be borne. Parental responsibilities do not have much impact on children, but children of prisoners who are serving sentences cannot apply for the police examination.
Article 43 of the Law on Public Security Administration Punishments: Whoever assaults another person or intentionally injures another person shall be detained for not less than 5 days but not more than 10 days and shall be fined; 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.
Paragraph 1 of Article 260 of the Criminal Law stipulates that anyone who abuses a family member and the circumstances are heinous shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.
Article 6 of the Measures for the Recruitment of People's Police in Public Security Organs provides:
5) Immediate blood relatives or collateral blood relatives who have a major impact on the person have been sentenced to death or are currently serving a prison sentence;
6) Immediate blood relatives and collateral blood relatives who have a major impact on the person are engaged in activities to subvert our country's political power at home or abroad.
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where a fight causes injury may constitute the crime of intentional injury, and where the crime of intentional injury is constituted, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given; where serious injury is caused, the sentence is between three and ten years imprisonment; 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. For the crime of intentional injury, the standard is that the victim is slightly injured by the violation, and the criminal suspect's legal responsibility shall be pursued. Those who cause minor injuries will not be held criminally responsible, but may face public security penalties.
Article 43 of the Public Security Administration Punishment Law stipulates that anyone who assaults another person or intentionally injures another person shall be detained for not less than 5 days but not more than 10 days and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. Assaulting or injuring others in groups; In any of the following circumstances, beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; Those who repeatedly assault or injure others, or assault or injure multiple people at a time, are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB. Legal basis:
Article 234 of the Criminal Procedure Law: 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.
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Detention is divided into criminal detention and administrative detention. I don't know which one you're referring to. For family conflicts, especially those involving children's education, the public security organs generally focus on mediation.
My advice is that, unless the father of the child has an inexcusable situation, if he is willing to repent, it is advisable to communicate and resolve the conflict himself.
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Legal analysis: Minor injuries do not constitute a crime and will not be investigated for criminal responsibility, but may be subject to administrative punishment. The criterion for filing a case for the crime of intentional injury is minor injury or above. Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release.
Legal basis: Public Security Administration Punishment Law of the People's Republic of China 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 be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. and where there are special circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB.
Criminal Law of the People's Republic of China, Article 234 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 the death of a person or causes serious injury 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.
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How is a minor injury legally sentenced? Anyone who assaults another person or intentionally harms another person shall be detained for not less than 5 days but not more than 10 days. At the same time, if the circumstances of domestic violence are serious, criminal responsibility will be borne.
Parental responsibilities do not have much impact on children, but if a prisoner is serving a sentence, his or her children cannot apply for the police examination. Article 43 of the Law on Public Security Administration Punishments: Whoever assaults another person or intentionally injures another person shall be detained for not less than 5 days but not more than 10 days and shall be fined; 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. The first paragraph of Article 260 of the Criminal Law stipulates that a person who abuses a family member and the circumstances are heinous shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.
Article 6 of the "Measures for the Recruitment of People's Police by Public Security Organs" provides: (5) Immediate blood relatives or collateral blood relatives who have a major impact on the person have been sentenced to death or are currently serving a sentence; 6) Immediate blood relatives and collateral blood relatives who have a major impact on the person are engaged in activities to subvert our country's political power at home or abroad. That's the relevant law about your problem.
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Minor injuries are generally not likely to be sentenced to two years in prison, generally belong to the public security handling regulations, generally less than 15 days of detention and fines are enough, if the other party is sentenced to two years, they should file an appeal. Article 43 of the "Public Security Administration Punishment Law" Whoever assaults another person, or intentionally destroys and harms the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 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 up to beat and injure others; (2) Assaulting 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 and injuring others, or assaulting and injuring multiple people at a time.
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1. Minor injuries do not constitute a criminal case, and there is no criminal liability, only administrative liability and civil liability. Generally, minor injuries can be mediated by the public security, and no punishment will be imposed after the mediation agreement is reached; If mediation fails, a fine or administrative detention for up to 15 days may be imposed.
2. Article 43 of the "Public Security Punishment Law": Whoever assaults another person or intentionally injures another person's body shall be detained for not less than 5 days but not more than 10 days and shall also be fined; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
Ganging up to beat or injure others. Assaulting or injuring a disabled person, envying a pregnant woman, a person under the age of 14, or a person over the age of 60. Assaulting or injuring another person multiple times or assaulting or injuring multiple people at a time.
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A minor injury does not constitute a crime and will not be sentenced, but will be punished in accordance with the relevant provisions of the Law on the Punishment of Persons of the Public Security Administration. Whoever assaults another person causing minor injuries shall be detained for not less than 5 days but not more than 10 days and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. Article 43 of the "Public Security Administration Punishment Law" Whoever assaults another person, or intentionally injures the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 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) Forming a group to beat or injure others; (2) Assaulting 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.
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According to the laws of our country, if a person is injured by intentional socks and causes minor injuries, it can be handled through mediation, and if the parties reach an agreement, they will not be punished. Where an agreement is not reached through mediation or fails to perform after reaching an agreement, detention is to be between 5 and 10 days and a concurrent fine of 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. What should I do if both sides are slightly injured in a fight.
If both parties to the fight are slightly injured, the public security organs may mediate and handle it, and if the parties reach an agreement, they will not 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 violator of the administration of public security. 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.
II. Sentencing standards for minor injuries.
1. Minor injuries do not constitute a criminal case, and there is no criminal liability, only administrative liability (public security punishment) and civil liability. Generally, minor injuries can be mediated by the public security, and no punishment will be imposed after the mediation agreement is reached; If mediation fails, a fine or administrative detention for up to 15 days may be imposed.
2. Detention or fine:
1) The punishment of both parties should be decided by the county-level public security bureau, not an issue that you "raise" and do not raise.
2) Detention is between 5 and 10 days, and if you are disabled or under the age of 14, the detention can be between 10 and 15 days.
3) The fine can be between 200 and 500 yuan, and serious 500 yuan and 1,000 yuan.
4) It is possible to detain and fine at the same time, that is, to impose a concurrent fine.
The basis is: Article 43 of the "Public Security Administration Punishment Law": "Whoever beats 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 also be fined; 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; Assaulting or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; Assaulting or injuring another person multiple times, or assaulting or injuring more than one person at a time".
3. Can I call the police if I am beaten?
If you are beaten by someone else, you can call the police. In other cases, the public security organs may generally detain you for between 5 and 10 days and give a fine of between 200 and 500 RMB. The specific penalties are as follows:
1. Whoever assaults another person, or intentionally injures another person's body, is to be detained for not less than 5 days but not more than 10 days, and fined not less than 200 yuan but not more than 500 yuan;
2. where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
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