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It's not enough for him to have a nephew, at least 2 witnesses are needed, and it's a brawl, negligent injury, a maximum of fines and detention for a few days, and you say that they beat your mother first, then you are likely to be convicted of justifiable defense, acquitted, on the contrary, you can sue them for intentional wounding (because they beat your mother) and blackmail (using various means to threaten money that far exceeds the medical bills), unless there is a strong backstage in his family (there are people in the public security or there are high-ranking officials), you may be locked up, but even if there is a backstage, it will not affect your future I'm afraid that I'll be guilty when I get caught, and if I don't have a backstage, I don't have to be afraid of them.
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Minor injuries must be made by the public security organs in accordance with the law, if it is not for the public security organs to make an injury evaluation, you will not be held accountable for the crime of intentional injury, and the amount of compensation he asks for does not comply with the provisions of the law, so it is recommended that you go to the local public security organs to reflect this problem, and it is best to adjust and deal with it, if not, you can think about whether they constitute the crime of extortion. I am very sympathetic to your plight, because there will be scoundrels in every place, so it is recommended that you deal with it through the public security organs in accordance with the law. I believe that the law will give you a fair judgment.
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How can a misaligned bone be a minor injury? If it is really determined that the injury is minor, and it is determined that it was intentional, it may be prosecuted. However, if it is a minor injury, it does not constitute a starting point for prosecution.
Therefore, this appraisal is very important, and you can apply for a re-appraisal. However, if it is negligence, it does not constitute a crime, and only compensation is required.
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Beating others to minor injuries is suspected of the crime of intentional injury, and shall be sentenced to up to three years imprisonment, short-term detention or controlled release. In addition, if a person intentionally injures another person's body and causes serious injury, he shall 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 of a feast and causes serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, imprisonment without reeds, or death.
[Legal basis].
Article 234 of the Criminal Law: Whoever intentionally injures the body of another person is sentenced to up to three years imprisonment, 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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1. How to judge a person who is slightly injured.
1. Where a person is slightly injured, and it can be found that the impact on society is not great, the victim is at fault, or the defendant fully compensates the victim for economic losses, it is to be sentenced to short-term detention or controlled release; Intentionally injuring another person's body, although it constitutes a minor injury, but the injury is close to a slight injury, is sentenced to six months' imprisonment.
2. Legal basis: Article 384 of the Criminal Law of the People's Republic of China.
Crime of illegally collecting, producing, or making blood products] Illegally collecting, producing, or dismantling blood products that do not meet the standards prescribed by the state and are sufficient to endanger human health, is to be sentenced to up to five years imprisonment or short-term detention and a concurrent fine; where serious harm is caused to human health, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; where especially serious consequences are caused, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property is to be given.
Crime of Accident of Collecting, Making, or Making Blood Products] Where a department that collects, manufactures, or manufactures blood products with the approval of the competent state department does not conduct testing in accordance with regulations or violates other operational regulations, causing consequences that endanger the physical health of others, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be sentenced to up to five years imprisonment or short-term detention.
II. Sentencing standards for the crime of intentional injury.
1) Committing the crime of intentional repentance and suffocation is to be sentenced to up to 3 years imprisonment, 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) Intentionally causing bodily harm to others, causing death, or seriously injuring others by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years.
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Anyone who intentionally injures another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release.
[Legal basis].Article 234 of the Criminal Law of the People's Republic of China.
Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, 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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Legal Analysis: Beating a person to a minor injury constitutes the crime of intentional injury, and intentionally injuring the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release.
Legal basis: Criminal Law of the People's Republic of China
Article 234:Whoever intentionally injures another person's body or body is to be sentenced to up to three years imprisonment, 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 prematurely or causes serious injury to a person by means of especially cruelty, 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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