What happens if there is no compensation for intentional injury?

You can ask the police station to give your mother a forensic evaluation; If the injuries are found to be minor, the prosecutor's office can initiate a public prosecution. Even if the other party already has a lawsuit; Courts may also deal with them on a consolidated basis.

1. What will the court do if the intentional injury is not compensated.

1. Where the defendant is intentionally injured and does not pay compensation, the victim may initiate an attached civil lawsuit in the course of criminal proceedings, or may separately raise a civil lawsuit for compensation from the defendant after the conclusion of the criminal proceedings. The person who is the victim of the uproar and ridicule shall compensate the victim for reasonable expenses paid for ** and **, such as medical expenses, nursing expenses, and transportation expenses, as well as the loss of income due to lost work.

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

Intentional injury] 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.

Article 234-1.

Crime of organizing the sale of human organs] Whoever organizes others to sell human organs is sentenced to up to five years imprisonment and a concurrent fine; where the circumstances are serious, a sentence of five or more years imprisonment and a concurrent fine or confiscation of property is to be given.

Intentional injury] [Intentional homicide] Whoever harvests his or her organs without his consent, or from a person under the age of 18, or forces or deceives others to donate organs, is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this law.

Crimes of theft, insult, or intentional destruction of corpses, bones, or ashes] Whoever removes organs from a cadaver against the person's prior wishes, or who does not express their consent before his death, violates state regulations, or removes his cadaver organs against the wishes of his close relatives, is to be convicted and punished in accordance with the provisions of Article 302 of this Law.

2. What is the sentencing standard for the crime of intentional injury?

The sentencing standards for the crime of intentional injury are as follows:

1. Committing the crime of intentional injury shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term detention or controlled release;

2. Whoever commits the crime of intentional injury, causing serious injury, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years;

3. Whoever intentionally injures another person's body, causing death, or seriously injuring another person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years.

Legal Analysis: If the defendant constitutes the crime of intentional injury, not only will he face criminal charges from the public prosecution, but the victim also has the right to file a civil lawsuit attached to the criminal case against the defendant, requesting the court to punish the defendant for the losses caused by the criminal act. Civil litigation attached to criminal cases is generally tried together with criminal cases.

Whether or not the defendant compensates does not affect his conviction, but if the defendant and his family take the initiative to make compensation and obtain the victim's forgiveness, the court may give a lighter punishment to sentencing consideration.

If the defendant has no money to compensate, the victim may request the people's court to enforce the property in the defendant's name for the amount of property in the part of the civil litigation attached to the criminal case, and if there is no property in the defendant's name that can be enforced, then the enforcement will be suspended, and enforcement will be resumed when the defendant has property. When necessary, the people's courts may employ preservation measures to seal, seize, or freeze the defendant's assets.

The plaintiff or the people's procuratorate in an attached civil lawsuit may apply to the people's court to take preservation measures. The relevant provisions of the Civil Procedure Law are to be applied to the people's courts employing preservation measures.

Legal basis: Article 101 of the Criminal Procedure Law of the People's Republic of China Where the victim suffers material losses as a result of the defendant's criminal conduct, he or she has the right to initiate an attached civil lawsuit in the course of criminal proceedings. Where the victim dies or loses capacity, the victim's legally-designated person or close relatives have the right to raise an attached civil lawsuit.

If state property or collective property suffers losses, the people's procuratorate may initiate an attached civil lawsuit when initiating a public prosecution.

If the defendant is awarded compensation in a case of intentional injury, but no compensation is awarded, you can do the following:

1.Application for enforcement: The defendant can be compelled to perform the obligation of compensation by applying to the Demolition Court for the enforcement of the ruling.

If the defendant has not paid compensation in accordance with the judgment, you can apply to the court to enforce it. In the process of enforcement, the court will achieve compensation through sealing, seizure, auction, etc.

2.Seek assistance from the public security authorities: If the defendant is unable to pay compensation or has other evasive circumstances, you can report the case to the local public security bureau and apply for assistance in recovering the defendant's private property at the time of the crime, so as to achieve compensation.

However, it should be noted that only property actually owned by the defendant can be recovered.

3.Seeking a civil lawsuit: If the defendant does not have a right of immunity (i.e., if the Tort Liability Act qualifies), you may file a civil action in the local court to claim compensation for you.

In civil litigation, if the court finds that the defendant does have an obligation to compensate, it can achieve compensation through enforcement.

It is important to note that if your case is complex or requires in-depth legal knowledge, it is recommended that you seek the help of a professional lawyer. They can provide you with more specific and effective advice and assist you in achieving compensation through legal means.

1: Those who are sent to the detention center must be reported to the procuratorate for arrest.

2: Now that a settlement agreement has been reached and the compensation has been completed, the public security and the lawyer have said that the procedure has been completed and the case has been closed, which means that the procuratorate has also received the relevant materials, and the procuratorate will not prosecute you again. i.e. will not be sentenced.

3: Even if the sentence is sentenced, if the intentional injury causes minor injuries to the old potato person in Qiao, the two parties reach a settlement, and the injured party actively compensates, and the suspended sentence will generally be awarded.

4: When you enter the detention center, you will definitely not be able to escape from the "case record".

2.Where civil compensation for intentional injury to Lulu cannot be compensated, compensation may be agreed upon through negotiation. In some special cases, if the criminal suspect is unable to compensate, others may compensate him on his behalf.

Legal basis: Article 1168 of the Civil Code of the People's Republic of China.

Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability. Article 1188:Where a person who lacks or has limited capacity for civil conduct causes harm to others, the guardian bears tort liability. Where guardians perform their guardianship duties, their tort liability may be reduced.

Where a person with property who lacks capacity for civil conduct or has limited capacity for civil conduct causes harm to others, compensation is to be paid from his or her own property; The guardian shall compensate for the shortfall.