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In this case, you do not necessarily constitute a minor injury, it may constitute the crime of gathering a crowd to fight, depending on the circumstances, depending on the circumstances, whether you are armed, including a wooden stick, even if it is a minor injury, your reason cannot be established, protect the family, protect the wife is not to ask Qi Renma to find the other party, but should seek legal channels, record the other party's **, and report the case to the public security organs.
If the bail payment is generally more than 2,000 yuan, and the court has completed the judgment of the case, it must be refunded, (as long as you do not evade investigation and trial during the bail period, and there are no circumstances that violate the provisions of bail pending trial), but generally do not compensate the injured party, and it is not easy to be released on bail, because it is easy to cause the injured party to petition and affect your remorse.
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If the other party's minor injury was caused by your side, and if the evidence is sufficient, the person who committed the act constitutes the crime of intentional injury, and the dispute may be handled through mediation, but mediation must be voluntary between both parties, and if a compensation agreement is reached, the perpetrator may be exempted from prosecution, and if an agreement is not reached, the perpetrator shall be investigated for criminal responsibility. In other words, if the evidence is sufficient, the perpetrator does not want to suffer a lawsuit, and he has to reach an agreement with the victim, which means spending more money, because in the end, the basic expenses of the other party (within the scope of compensation stipulated by national law) you must pay, usually the general nasal bone fracture and displacement constitute a minor injury compensation of 1 to 20,000 yuan, you can show your attitude to the case-handling organ, not that you don't want to pay, but that the other party is asking for a sky-high price, there is no basis for negotiation, and the case-handling department is required to record it, and it is really in court. Let the judge also understand your attitude, give a suspended sentence, and then compensate the basic expenses (it is 3,000 yuan at most).
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Your case should be a crowd brawl and not an intentional injury, it is best to hire a lawyer for him, and the deposit for release on bail pending trial can be refunded when it expires. Lawyer Li of Tianjin Shuangying Law Firm answers.
Lawyer Li Chunxiang.
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Where minor injuries are caused, release on guarantee pending further investigation may be handled if the following conditions are met: a sentence of controlled release, short-term detention, or an additional sentence may be applied independently; may be sentenced to fixed-term imprisonment or higher, and release on guarantee pending trial will not cause danger to society; Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies, and are released on bail pending further investigation will not be a danger to society; The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.
Article 67 of the Criminal Procedure Law: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances: (1) Where a person might be sentenced to controlled release, short-term detention, or an additional punishment being independently applied; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; (4) The period of detention is complete, the case has not yet been completed, and it is necessary to take release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.
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In cases where a person has already been released on bail pending further investigation for causing minor injuries, whether a sentence is necessary shall be based on the actual circumstances of the litigation case, and the people's court is to make a judgment. Release on bail pending further investigation is a compulsory measure in criminal proceedings, and whether or not a person will be sentenced to prison needs to be decided by the people's court in accordance with the facts of the case. Release on bail pending further investigation is a criminal compulsory measure provided for in the Criminal Procedure Law of the People's Republic of China.
refers to a compulsory measure in criminal proceedings in which public security organs, people's procuratorates, people's courts, and other judicial organs order criminal suspects or defendants who have not been arrested or need to change compulsory measures after arrest to prevent them from evading investigation, prosecution, and trial, and issue a letter of guarantee to ensure that they will be summoned at all times, and that they will not be detained or temporarily released from detention. It is to be enforced by the public security organs. Objectively speaking, after a criminal suspect is detained, the most important behavior that should be considered and most worthy of time and energy is release on bail pending trial.
Release on bail pending trial is only a coercive measure, not a criminal punishment. The key is to see whether the court makes a judgment on guilt or innocence, whether the crime is serious or minor, and whether criminal responsibility is pursued after the expiration of the period of release on bail pending trial.
1. Release on bail pending trial is a coercive measure, which has nothing to do with whether or not to sentence.
2. If the court finds that no crime has been committed, of course, it will not be sentenced.
3. Under normal circumstances, those released on bail pending trial will be sentenced to probation.
Therefore, the sentencing depends on the merits of your case. If it is finally found clear that there are criminal facts, then it will definitely be sentenced, and as for the sentencing, it also depends on the facts of the case, but generally being released on bail also means that the case is not very serious, and the sentence is less than three years, and it is possible to give a suspended sentence.
1. How to deal with the issue after the expiration of the period of release on guarantee pending further investigation.
Where release on guarantee pending further investigation is about to expire, the enforcement organ shall notify the decision-making organ in writing 15 days before the completion of the time limit, and the decision-making organ is to make a decision to lift release on guarantee or modify the compulsory measures, and notify the enforcement organ in writing before the time limit is completed. After the enforcement organ receives the decision-making organ's "Decision to Lift Release on Guarantee Pending Trial" or notice of modification of compulsory measures, it shall immediately enforce it and promptly notify the decision-making organ of the enforcement situation.
Where the person released on guarantee does not violate the provisions of article 56 of the Criminal Procedure Law during the period of release on guarantee, nor does he intentionally commit another crime, the enforcement organ at the county level or above shall draft a "Decision to Return the Guarantee Deposit", notify the bank to return the guarantee deposit in full, and notify the decision-making organ in writing. The enforcement organ shall promptly announce the decision to return the guarantee deposit to the person released on guarantee, and notify them in writing to collect the returned guarantee deposit from the bank.
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In cases of minor injuries caused by intentional injury, if it falls under the conditions for release on guarantee pending further investigation, an application for release on guarantee pending further investigation may be made. People's courts, people's procuratorates, and public security organs that decide to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.
[Legal basis].
Article 67 of the Criminal Procedure Law: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances: (1) Where a person might be sentenced to controlled release, short-term detention, or an additional punishment being independently applied; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Returning women who suffer from serious illness, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies, and their release on guarantee pending further investigation will not cause danger to society; (4) At the completion of the period of detention, the case of the deceased has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.
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The conditions for release on guarantee pending further investigation are: (1) a woman who suffers from a serious illness, is unable to take care of herself, is pregnant or is breastfeeding her own baby, and the release on guarantee pending further investigation will not cause danger to society; (2) where a sentence of controlled release, short-term detention, or an additional punishment may be applied independently; (3) The period of detention has expired, the case has not yet been completed, and it is necessary to take release on guarantee pending further investigation.
[Legal basis].
Article 67 of the Criminal Procedure Law of the People's Republic of China: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances: (1) where a criminal suspect or defendant might be sentenced to controlled release, short-term detention, or independently applied an additional criminal punishment; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; (4) The period of detention is complete, and the case has not yet been concluded, and it is necessary to take precautions to release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.
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Causing minor injuries, if the following conditions are met, release on guarantee pending further investigation is to be given: a sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society; Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding, and are released on guarantee pending further investigation will not be a danger to society; The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. and may be sentenced to controlled release, short-term detention, or independently applying supplementary punishments.
[Legal basis].
Article 67 of the Criminal Procedure Law of the People's Republic of China: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances: (1) where a criminal suspect or defendant might be sentenced to controlled release, short-term detention, or independently applied an additional punishment; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on bail pending trial so that there will be no danger to society; (4) The period of detention is complete, the case has not yet been completed, and it is necessary to release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.
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Summary. Kiss! Minor injuries can be released on bail pending trial!
Kiss! Minor injuries can be released on bail pending trial!
Cases of minor injuries can be released on bail pending trial. Those who cause minor injuries in a fight or are suspected of intentional injury can apply for release on bail pending further investigation. Suspects may apply on their own, by their families, or by retaining a lawyer.
This is because minor injury cases fall under the statutory condition of release on bail pending trial, which may result in the possibility of being sentenced to controlled release, short-term detention, or the independent application of supplementary sentences. Legal basis: Article 67 of the Criminal Procedure Law of the People's Republic of China stipulates:
People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances: (1) where a criminal suspect or defendant might be sentenced to controlled release, short-term detention, or independently applied an additional punishment; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; (4) The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.
Taikang Life Insurance Co., Ltd. **** is a national, joint-stock life insurance company established on August 22, 1996 with the approval of the head office of the People's Bank of China, and the company is headquartered in Beijing. For surrender questions, please contact Taikang Life customer service**: 95522.
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