Who advocates the forensic appraisal of minor injuries?

Tick by tick your questions:

First: on the procedure;

About applying for appraisal;

Both parties and the police station can submit an appraisal, and most of them are submitted by the injured party;

about going there to do the appraisal;

After being injured, the patient should report the case to the police station within its jurisdiction, and be admitted to the local public security hospital, which has an appraisal agency, and the forensic doctor of the institution shall conduct the evaluation, or apply to the social forensic appraisal institution for injury assessment.

About time; Depending on the location and severity of the injury, it can be identified at any time, and can be done as early as after the injury.

Second: about technology:

Since the legal status involved in the appraisal conclusion is one of the seven types of evidence, and there is no actual examination, it is not appropriate to make a definitive explanation, and two relevant appraisal clauses are provided for his reference.

PS: Article 5 subgal aponeurosis hematoma;

scalp avulsion up to 20 square centimeters (10 square centimeters for children); Traumatic defects of the scalp are up to 10 square centimeters (5 square centimeters in children).

Article 6 The cumulative length of the wound of the scalp sharp object shall be 8 cm, and that of children shall be 6 cm; The cumulative length of blunt wounds is up to 6 cm, and in children up to 4 cm.

You yourself go to the judicial office to have your injuries examined. According to the degree of the injury, the minor injury is a private prosecution case, which is not prosecuted. It can be resolved through negotiation on its own, and if the negotiation fails, it can be sued.

may be sentenced to fixed-term imprisonment of not more than 3 years or controlled release or criminal detention. Minor injuries or more are criminal cases and are prosecuted by the procuratorate.

Public security organs may request that the victim conduct that may be suspected of violating the law or committing a crime to conduct a judicial evaluation of the degree of harm, and pursue the responsibility of the perpetrator based on the evaluation conclusions, and the victim himself may also request a judicial evaluation.

Legal Analysis: Minor injuries refer to injuries that are caused by various external factors such as physical, chemical, and biological factors on the human body, causing a certain degree of damage or partial dysfunction of tissues and organ structures, and are not serious injuries but are not minor injuries.

Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, 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.

Minor injuries refer to injuries that are caused by physical, chemical, biological and other external factors acting on the human body, causing a certain degree of damage or partial dysfunction of tissues and structures, and are not serious injuries but are not minor injuries.

1. How to sentence a drunk fight with minor injuries.

Where a drunken fight causes minor injury to another person, the crime of intentional injury is constituted, and a sentence of up to three years imprisonment, short-term detention or controlled release is to be given. The so-called minor injury refers to the injury that causes a certain degree of damage or partial dysfunction of the structure of tissues and organs due to various external factors such as physical, chemical, and biological factors acting on the human body, and does not constitute a serious injury but is not a minor injury.

2. Criteria for the identification of minor and serious injuries to the human body.

Serious injury refers to injuries that cause a person to be physically disabled, disfigured, lose hearing, lose vision, lose the function of other organs, or have serious harm to personal health. Minor injuries that cause damage to a person's limbs or appearance, partial impairment of hearing, vision or other organ function, or other injuries that are moderately harmful to personal health, including minor injuries of the first degree and minor injuries of the second degree. Primary injury caused by various injury factors, resulting in slight damage to the structure of tissues and organs or slight dysfunction.

3. Whether or not the person was sentenced for beating.

Whether or not a person is sentenced for assault needs to be judged on the basis of the actual circumstances, as follows:

1. Where the circumstances are minor and do not constitute a crime, a sentence is not required;

2. Where the circumstances are serious enough to constitute a crime, the crime of intentional injury may be constituted. However, where the assault does not cause minor injuries or more to the victim of jujube digging, and the level of injury is not reached or the level is reached, it cannot be punished as the crime of intentional injury.

Minor injury refers to the damage caused to a certain extent or partial dysfunction of the human body by external factors such as physics, chemistry, biology, etc., which does not constitute serious injury and does not belong to the damage of minor injury.

Article 234 of the Criminal Law of the People's Republic of China provides that 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 causes serious injury to 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.

The public security organs are generally responsible for arranging the appraisal for the judicial appraisal of minor injuries, and the parties are not responsible for the appraisal, but can cooperate with the appraisal work. Cases involving the crime of intentional injury are criminal cases, and the work organs are responsible for the evaluation work, and the public security organs shall inform the criminal suspect or victim of the evaluation opinions to be used as evidence. If the criminal suspect or victim submits an application, a supplementary evaluation may be made or a new evaluation may be made for those who are not in a relaxed posture.

[Legal basis].

Article 146 of the Criminal Procedure Law.

In order to investigate the facts of the case and when it is necessary to resolve certain specialized issues in the case, a person with specialized knowledge shall be appointed or hired to conduct an evaluation.

Article 147.

After the appraiser conducts an evaluation, he or she shall write out an appraisal opinion and sign it. Where evaluators intentionally make false evaluations, they shall bear legal responsibility.

Article 148.

The investigating organs shall inform the criminal suspect or victim of the evaluation opinions to be used as evidence. If the criminal suspect or victim submits an application, the evaluation may be supplemented or re-evaluated.

Categories: Social, Cultural, >> Law.

Problem description: Forensic examination: Is a minor injury the same as a minor injury?

If not, what difference does it make?

Analysis: The two are concepts in the same category.

Minor injury is a description of the appraisal conclusion of the degree of injury, which is a kind of appraisal conclusion, similar to serious injury or minor injury;

Minor injury is a description of the nature of the case, and compared with serious injury cases or minor injury cases, minor injury and serious injury cases are both criminal cases, and minor injury cases are civil tort cases.

The connection between the two is that if the degree of injury reaches a slight injury, it is a case of minor injury, and criminal responsibility for the crime of intentional injury can be pursued.