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Criminal detention, up to 37 days. During this period, the public security organs will change the compulsory measures according to the circumstances of the case, mainly arresting or releasing them on bail pending further investigation.
During detention, family members can go to the public security bureau and apply for release on bail pending further investigation.
During the investigation by the public security organs, the prosecution by the procuratorate, and the court verdict, family members are not allowed to visit the suspect. It is not until after the court decision takes effect that the family members can be met.
If the family actively compensates the victim and obtains the victim's forgiveness, then the court may consider a lighter sentence when sentencing.
If the victim files a civil lawsuit attached to the criminal case, even if you want not to pay compensation, the court will definitely sentence the suspect and bear the victim's losses. Not a penny out is certainly unlikely.
Whoever intentionally harms another person's body on the basis of Criminal Law article 234 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 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.
The victim has been evaluated for serious injuries and the court will sentence him to a prison sentence ranging from three to ten years. The victim's internal organs, the injury does not leave a disability, and the general disability is a mutilation somewhere in the body or a loss of function somewhere due to injury.
All the family can do now is to start with the victim and hope to get the victim's forgiveness, so that the suspect has a better chance of being sentenced to probation. If conditions permit, a lawyer can be hired to go to the detention center to meet with the suspect, inquire about the situation, and provide legal assistance to the suspect.
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1. It is not necessary to be released on bail pending further investigation;
2. A suspended sentence may not necessarily be awarded, but if compensation is not made and the victim's forgiveness is not obtained, a suspended sentence must not be awarded;
3. If no compensation is made, the court will enforce it according to the application of the parties.
4. It is best to entrust a lawyer to provide legal help immediately.
Lawyer Wei Feng.
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Legal Analysis: Minor injuries do not constitute a criminal offence and will not be sentenced. He may be punished in accordance with the Public Security Punishment Law, and the specific length of detention depends on the circumstances of the case.
Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 43 Whoever assaults another person or intentionally harms 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.
1) Gang up to beat, bury, or injure others;
2) Assaulting 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.
In accordance with the provisions of article 264 of the Criminal Law: "Whoever steals public or private property, where the amount is relatively large or has been stolen multiple times, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property; In any of the following circumstances, a sentence of life imprisonment or death is to be given, and confiscation of property is to be given: (1) theft of financial institutions, where the amount is especially huge; (2) Theft of precious cultural relics, where the circumstances are serious. >>>More
The 95-day detention in criminal cases still meets the statutory limit of detention. The period of detention of a criminal suspect specifically includes the period of criminal detention and approval of arrest and investigation by the public security organs, the time limit for the procuratorate to initiate a public prosecution, and the time limit for the people's court to hear and make a judgment. The specific provisions are as follows: >>>More
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People's Procuratorate.
According to the Criminal Procedure Law of the People's Republic of China >>>More