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There will be no criminal record. After a fight, the other party will call the police, and the police will file a case for investigation, and if it does not constitute a criminal offense, it is a public security case, which is generally a public security punishment, and the victim's losses must be compensated. After reaching an agreement through consultation, the victim may withdraw the case, and if the negotiation fails, the public security organ may take him under administrative detention and impose a fine.
If a criminal case is constituted, criminal responsibility is required.
Legal analysisWhen one party has reported to the police, and the public security organ has also filed a case in accordance with the law, even if the two parties settle, the public security organ still has to file a case for investigation, according to the evaluation of the injury, if it is not serious, it does not constitute a criminal case filing standard, the public security organ will mediate first, and both parties reach an agreement that they will bear the losses caused by the injury of the other party. The injured party withdraws the case, and after mediation, it depends on the specific circumstances of the case, and if the violation is more serious, after mediation on compensation or other matters between the two parties, it is still necessary to impose administrative detention. If mediation fails, the public security organs may be placed under administrative detention for 15 days for violating the provisions of the Public Security Administration Punishment Law, which does not constitute criminal responsibility, and may file a lawsuit in court and compensate in accordance with the regulations.
If the police station handles the matter by means of mediation, and the parties consider it unreasonable, they may file a civil lawsuit with the court, compensate in accordance with the regulations, and claim medical expenses and related reasonable compensation expenses through legal procedures. If the other party is seriously injured or even endangered by life, the other party shall bear criminal responsibility and give certain compensation to reduce the victim's losses.
Legal basisLaw of the People's Republic of China on Public Security Administration Punishments》 Article 43 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 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. 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.
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Hello friend, this will not leave any case record, after the fight, the two sides shook hands and made peace, without the police record to ask or anything, there will be no case record, thank you.
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As long as there is no interrogation record, there is no criminal record
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Those who are punished by the administrative department for fighting and brawling will not be left with a criminal record. A criminal record generally refers to a person's record of past offenses or criminal acts, and administrative punishment is not a criminal punishment, so there will be no criminal record.
Legal basis: Article 275 of the Criminal Procedure Law stipulates that Li Han: If he was under the age of 18 at the time of the crime and was sentenced to less than five years imprisonment, the relevant criminal record shall be sealed.
Where criminal records have been sealed, they must not be provided to any unit or individual, except where the judicial organs conduct inquiries in accordance with state provisions for the needs of handling the case or dismantling the instructor. Units conducting inquiries in accordance with law shall keep confidential the circumstances of the sealed criminal records.
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Legal analysis: If you fight and report to the police, if you are punished, you will have a criminal record, but if you are not punished, you will not have a criminal record. A criminal record generally refers to a person's record of past offences or criminal acts.
Also known as the criminal record system for criminal personnel, in Chinese law, it generally refers to the file record of having a criminal record, and the criminal file is generally stored in the public security department for preservation.
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.
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Summary. Hello, if it has been settled through negotiation between the two parties, there will be no case record. A general case record refers to a record of violations and crimes, including records of public security administrative penalties or criminal punishments.
Hello, Rushou Zhouguo has been negotiated and settled by both parties, and there will be no case record. The general case record refers to the record of violations and crimes, including records of public security administrative punishments or criminal punishments.
It's been almost two months since he was cured and discharged from the hospital, and I'm just worried that he will be unhappy that day and go to the police station to make trouble.
Have the parties reached a settlement agreement?
We just paid lip service to it.
It's a good idea to keep a written record to prevent the other party from repenting.
No agreement was written.
Does the police station know about the private situation between the two parties?
There were several families at that time. Just said it.
I didn't go to the police station since.
If it had been dealt with at the police station, it shouldn't be a big problem.
We were a family, so we didn't think much about it at the time.
This kind of fight between relatives should also be a situation that can not be punished according to the Public Security Administration Punishment Law.
According to the new type of law, the age of 15 should be established to bear legal responsibility. If the responsibility to go to the fight is not great, then it is to educate and educate to put it back. Parents want to take away their jobs, and don't let this happen again. If you are crippled if you are beaten, you will be sentenced.
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Regardless of who makes the first move, in accordance with the public security administrative punishment regulations, if the injury is caused to the other party, the loss shall be compensated, and if the victim's injuries are assessed as minor injuries, they shall bear criminal responsibility, and both parties have intentional injuries, and criminal or civil liability shall be pursued in accordance with law in accordance with the results of the injury evaluation as the standard for distinguishing responsibility. 1. If one party injures the other party and the injury is minor, the criminal responsibility of one party shall be pursued for the crime of intentional injury. 2. If the injury reaches a minor injury (above), you can request that the other party be held criminally liable and civil liability; If the injury is minor, 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. >>>More
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