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The police station is not the prosecution, they just arrest people and hand them over to the procuratorate, and the cause of the case is not carefully examined. Finally, the procuratorate determines the cause of action for prosecution. So it doesn't matter what the police station reports, this doesn't affect anything.
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Where there is ambiguity about the charges, a lawyer may be retained to defend them.
The crime of picking quarrels and provoking troubles and the crime of intentional injury sometimes compet, so it needs to be determined based on the actual situation.
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At this time, it is necessary to pursue the criminal responsibility of the beater in accordance with the crime of intentional injury, and if the crime of picking quarrels and provoking troubles causes serious injury or death, it shall be punished as the crime of intentional injury. Judging from the statutory maximum sentence, the crime of intentional injury is obviously more serious than the crime of picking quarrels and provoking trouble. The statutory maximum penalty for intentional injury is the death penalty; The statutory maximum penalty for the crime of picking quarrels and provoking troubles is 10 years in prison; From the point of view of the threshold of conviction, the crime of picking quarrels and provoking troubles is obviously lower than the crime of intentional injury, and the crime of intentional injury requires at least a slight injury.
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 of intentional injury causing serious injury 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, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
1. Can intentional injuries cause minor injuries be mediated?
Cases where intentional harm to others causing minor injury, but at the same time the circumstances are obviously minor and the harm is not coarse, is not found to be a crime, it is to be handled on the basis of the "Public Security Administration Punishment Law", and both parties may mediate and handle it. In cases where the victim's injuries constitute minor injuries and it is necessary to pursue the criminal responsibility of the criminal suspect, mediation cannot be made.
Compensation is still required after a sentence for the crime of intentional injury. The verdict is the criminal liability of the offender, and compensation is the civil liability of the offender. There is no conflict between criminal liability and civil liability, and criminals still need to bear civil liability after assuming criminal liability.
The specific penalties are:
1. Whoever intentionally injures the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release;
2. Where serious injury is caused, a sentence of between three and ten years imprisonment is to be given;
3. Whoever causes death or causes serious disability by especially cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
2. What is the difference between intentional injury and picking quarrels and provoking trouble?
The maximum sentence for the crime of intentional injury is life imprisonment or death, and the maximum sentence for the crime of picking quarrels or provoking trouble is between five and ten years imprisonment, and may be concurrently fined. It can be seen that the sentence for the crime of intentional injury is still heavy.
The difference between this crime and the crime of intentional injury:
1. Different motives: picking quarrels and provoking troubles is based on the motive of beating people for fun or gratuitous provocation; Intentional injury often arises from a certain cause or grievance.
2. Different objects of behavior: The object of picking quarrels and provoking troubles is not specific, while intentional injury is often the person related to a specific matter.
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Picking quarrels and provoking troubles is not necessarily a criminal case, but may also be a public order case. Whether or not the act of picking quarrels and provoking troubles is a criminal case mainly depends on whether the circumstances of picking quarrels and provoking troubles are serious, and if they are serious, they will constitute a crime, and if they do not constitute a crime, they will be acts that violate the law.
Article 293 of the Criminal Law: Whoever commits any of the following acts of picking quarrels and provoking troubles, disrupting social order, shall be sentenced to up to five years imprisonment, short-term detention, or controlled release: (1) Arbitrarily assaulting others, and the circumstances are heinous; (2) Chasing, intercepting, insulting, or intimidating others, where the circumstances are heinous; (3) Forcibly taking or arbitrarily destroying or divining public or private property, where the circumstances are serious.
If that person has AIDS, they can get it. It is useless to wash after a cut.
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