Whether it is a crime for a detention center officer to beat a prisoner and cause minor injuries

It is illegal and criminal for a detention center officer to beat a prisoner to a minor injury.

Article 248 of the Criminal Law: Where supervisors of prisons, detention centers, detention centers, or other regulatory institutions beat or physically punish or abuse persons under supervision, and the circumstances are serious, they are to be sentenced to up to three years imprisonment or short-term detention; where the circumstances are especially serious, the sentence is between three and ten years imprisonment. and where a person is injured or killed, it is to be convicted and given a heavier punishment in accordance with the provisions of articles 234 and 232 of this Law.

Where supervisors instruct persons under supervision to beat or physically punish or abuse other persons in custody, punishment is to be given in accordance with the provisions of the preceding paragraph.

If it's corporal punishment, it is. If the offender has committed a violation. That's not it.

Public officials are held criminally liable for criminal offences against criminal law in the same way as citizens.

will be sentenced, but if the parties negotiate and can settle, they can be exempted from criminal punishment. The act of intentionally and unlawfully harming the physical health of another person constitutes the crime of intentional injury, but this does not mean that all beatings are crimes.

In cases of harm caused by trivial family matters or civil disputes, where the harm caused to the victim by the perpetrator has already reached the level of minor injury, but the perpetrator has truly shown repentance and reform, and the parties have voluntarily reconciled, have reached an agreement on the issue of compensation for damages, and have already paid it, and the circumstances are obviously minor and the harm is not great, the crime may be handled. ”

According to the above provisions, if the victim does not pursue the responsibility for the minor injuries caused by the beating, the matter may be handled through mediation.

However, if mediation is not possible, it is necessary to deal with the injury according to the results of the previous injury evaluation.

Whoever intentionally injures another person to the extent of minor injury is to be sentenced to up to three years imprisonment, short-term detention or controlled release.

1) Where intentional injury causes minor injury to one person, the injury is close to a slight injury, the social impact is not great, the victim is at fault, or the defendant fully compensates the victim for economic losses, it is a short-term detention sentence or controlled release sentence;

2) Intentionally injuring the body of another person, and although it constitutes a slight injury, but the injury is close to a slight injury, it is to be 6 months imprisonment; if the injury is between mild and severe, it shall be sentenced to one year's imprisonment; where the injury is close to serious injury, the sentence is one year and six months imprisonment.

The act of intentional injury must cause the victim minor injuries or more in order to constitute the offence of intentional injury, for the following reasons:

First, although the first paragraph of Article 234 of the Criminal Law does not provide for specific harmful consequences, the second paragraph clearly stipulates the criminal punishment for intentional injuries that cause serious injury, death, or serious disability. Therefore, according to the logic that the degree of the harmful consequences is directly proportional to the severity of the punishment, it can be considered that the punishment provided for in paragraph 1 corresponds to the harmful result of minor injuries.

Second, according to the proviso of Article 13 of the Criminal Law, "where the circumstances are obviously minor and the harm is not great, it is not considered a crime". If the act of intentional injury only causes minor injuries to the victim, the act should be "obviously minor and not harmful in the circumstances" and cannot be considered a crime.

Third, the quantitative standards for forensic appraisal of human injuries in judicial practice are the Standards for the Appraisal of Serious Human Injuries and the Standards for the Appraisal of Minor Human Injuries. When applying paragraph 2 of article 234 of the Criminal Law, the "Standards for the Appraisal of Serious Personal Injuries" is used to resolve the issue of sentencing for the crime of intentional injury, and when the first paragraph of article 234 is applied, the "Standards for the Appraisal of Minor Human Injuries" is used to resolve the issue of conviction, that is, the extent to which the consequences of the injury constitute the crime of intentional injury.

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A minor offender who is seriously injured by a police station shall be guilty of intentional injury and shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; and where serious injury is caused, the sentence is between three and ten years imprisonment.

A minor offender was seriously injured by a police station.

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A minor offender who was beaten by the police station as being injured in Chongqing would constitute the crime of intentional injury, and was sentenced to fixed-term imprisonment of not less than three years but not more than ten years; and where serious injury is caused, the sentence is between three and ten years imprisonment.

Legal basis: Article 234 of the Criminal Law of the People's Republic of China provides that whoever intentionally harms another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime described in the preceding paragraph and causes serious injury to a Morikong person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Anyone who causes the death of a person or causes serious injury to a person by cruel means hereby suppressed, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

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; and 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 or more by the violation, and the criminal suspect's responsibility shall be pursued. Those who cause minor injuries will not be held criminally responsible, but may face public security penalties.

Legal basis: Article 43 of the "Public Security Administration Punishment Law" stipulates that anyone who 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 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.

Article 234 of the Criminal Law: Whoever intentionally harms 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.

Where a beating causes minor injuries to the victim, and the beater is transferred to a detention center for detention, there is no specific provision on when the sentence can be given.

Criminal Procedure Law of the People's Republic of China

Article 156:The period of investigative detention after the arrest of a criminal suspect must not exceed two months. In cases where the circumstances of the case are complicated and cannot be concluded at the completion of the time limit, an extension of one month may be granted upon the approval of the people's procuratorate at the level above.

Article 176: If the People's Procuratorate finds that the facts of the criminal suspect's crime have been clarified, the evidence is credible and sufficient, and criminal responsibility should be pursued in accordance with the law, it shall make a decision to prosecute, initiate a public prosecution with the People's Court in accordance with the provisions on trial jurisdiction, and transfer the case file materials and evidence to the People's Court.

Where criminal suspects admit guilt and accept punishment, the people's procuratorate shall submit a sentencing recommendation on the primary punishment, supplementary punishment, whether a suspended sentence is to be applied, and transfer materials such as the plea affidavit with the case.

Article 208:People's courts hearing public prosecution cases shall announce the verdict within 2 months of accepting it, and must not exceed 3 months at the latest. In cases where the death penalty might be given, or in cases with attached civil litigation, as well as in any of the circumstances provided for in article 158 of this Law, an extension of three months may be granted upon approval by the people's court at the level above; Where an extension is necessary due to special circumstances, it shall be reported to the Supreme People's Court for approval.

In cases where the people's court changes jurisdiction, the time limit for trial is calculated from the date on which the changed people's court receives the case.

In cases where the people's procuratorate is supplementing the investigation, after the supplementary investigation is completed and transferred to the people's court, the people's court is to recalculate the time limit for trial.

1. How to apply for minor injury identification.

1. Report the case in a timely manner. After personal injury, if the condition permits, if it does not affect the life of the injured person or in the future, it can be reported to the corresponding departments such as the public, procuratorate, and legal departments according to the jurisdiction of the case. This will allow the department to have a rough impression of the injury, and at the same time determine the entrusting unit for future forensic evaluation.

2. Go to the hospital for diagnosis and treatment in time. After a personal injury occurs, after reporting the case or when the condition is urgent, you should promptly go to the nearest hospital to diagnose the injury and take necessary rescue measures. The injured person's medical records and auxiliary examinations written by the doctor during the diagnosis and treatment.

For example, the results of X-ray and CT reports should be properly kept.

3. Preserve and fix the damage. CT, B-ultrasound, X-ray, etc. can be used to preserve and fix the injury. Where there is capacity, methods such as photography and video recording may also be used to preserve and fix injuries.

4. Conduct forensic appraisal in a timely manner. It is safer to contact the forensic authority or department as early as possible to agree on specific identification matters. At present, the organs or departments that conduct forensic evaluations include: the public, the procuratorate, and the judicial organs, as well as the forensic outpatient clinics and judicial hospitals entrusted by them.

If the public security bureau can file a case if the case is found to be a minor injury, if the case is not filed, the party can prosecute privately, and an exception can also file a lawsuit for infringement.

The forensic evaluation, for the identification of minor and serious injuries, is based on the injuries at the time of the demolition injury, not on the basis of the final condition.

Legal analysis: Generally, there is no collapse of the tomb that constitutes a slight injury, and there will be no increase in punishment.

Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 9 The public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, where the circumstances are relatively minor. Where, after mediation by the rotten public security organs, the parties reach an agreement, they are not to be punished.

Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.

The detention center will be responsible for the person's **, and will investigate the criminal responsibility of the beater.