Compensation for minor injuries, how to compensate for minor injuries

1. How much to judge and whether it can be private depends on the results of the injury appraisal. 、

2. If it is a minor injury, then it is a crime of intentional injury, which must be prosecuted by the procuratorate and tried by the court, and the general sentence is not more than 3 years imprisonment or criminal detention.

3. If it is a minor injury, then it does not constitute a criminal offense, and the two parties can bear civil liability, and the two parties can be private.

If the victim is slightly injured, then your uncle is criminally responsible. may be sentenced to up to three years in prison, short-term detention or controlled release. You can actively compensate the victim and ask for the other party's forgiveness.

Whether or not your uncle will be convicted in the end, and what the crime will be convicted depends largely on the evaluation of the degree of injury of the victim, and if the result of the evaluation is minor, your uncle will not be criminally responsible, because the crime of intentional injury under the criminal law must achieve the result of serious injury, and the circumstances of the case are not very serious. So, first of all, do you know if there is an identification of the victim's injuries? If so, what are the results?

If it is a serious injury, you can apply for a re-evaluation, if it is a minor injury, then you can rest assured, your uncle is fine, and you can pay some medical expenses and lost work expenses in the end.

If it constitutes a minor injury, the criminal responsibility for the intentional injury must be investigated, and the procuratorate initiates a public prosecution, which cannot be done privately.

The sentence shall be fixed-term imprisonment of not more than three years, controlled release, or criminal detention.

If compensation is given to the victim, it may have some impact on the sentencing.

Whoever intentionally injures 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 and seriously injures another person 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, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where this Law provides otherwise, follow those provisions.

For those sentenced to short-term detention of less than three years imprisonment, a suspended sentence may be announced based on the circumstances of the criminal's crime and expressions of remorse, and the application of a suspended sentence will not endanger society.

If it is only a minor injury, then it is likely to be sentenced to three years in prison, suspended for four years.

When deciding on the punishment of criminals, they shall be sentenced in accordance with the relevant provisions of this Law on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society.

1. After the public security organs accept the case, they are to make different dispositions based on the severity of the victim's injuries.

2. Whoever intentionally causes minor injury or more, and intentionally injures another person's body on the basis of article 234 of the Criminal Law, 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, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where this Law provides otherwise, follow those provisions.

In layman's terms, a person who intentionally injures and causes minor injuries can be sentenced to fixed-term imprisonment of not more than three years, short-term detention or public surveillance.

3. There are two situations in which intentional injury causes minor injury: First, the public security organ files a case for investigation, and after the evidence is complete, it is reported to the people's procuratorate for prosecution, and finally tried by the court. Once the public security organs file a case for investigation and enter into litigation procedures, it means that the intervention of the state's public power means that the state will pursue criminal responsibility for illegal and criminal acts.

Public prosecution cases cannot be private. Second, China's Criminal Procedure Law stipulates that minor criminal cases with evidence are private prosecution cases, and private prosecution cases are mainly to encourage reconciliation, and as long as the plaintiff voluntarily withdraws the lawsuit, the defendant does not have to bear legal responsibility.

4. If the injury is minor, the public security organ can only use the "Public Security Administration Punishment Regulations" to deal with administrative detention, fines, mediation, etc.

5. It is just criminal detention, and you negotiate compensation with the victim, and the attitude and opinions of the victim when sentencing in the future is also an aspect of the court's sentencing and trial consideration.

Intentional injury, which constitutes more than minor injury, is already a violation of the criminal law.

If your relative has suffered minor injuries and the victim believes that it is necessary to pursue your relative's criminal responsibility, then you can prosecute according to the regulations.

The crime of intentional injury, which reaches the general condition of minor injury for about 3 years. It depends on the circumstances of the situation.

It is best for you to find the victim and discuss reconciliation with them, because there are many cases of reconciliation below minor injuries. Try to talk about it before the appraisal report comes out, and you can lose some money.

The specific amount of compensation cannot be calculated, if it is calculated formally, it will be calculated according to the calculation standards of lost work expenses, nutrition expenses, medical expenses, etc.

Legal Analysis: Compensation for Minor Injuries: If a person is physically injured, he shall be compensated for expenses such as medical treatment, lost work, nursing, transportation, accommodation, food allowance during hospitalization, and necessary nutrition. Minor injuries are not injuries that cause disability or death, do not reach the level of minor injuries or above, but are only injuries of abrasions.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 17: Where a victim suffers personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical high school treatment expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses, shall be compensated by the person obligated to compensate for the difference. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for funeral expenses, living expenses of dependents, compensation for the death of a false reputation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

Minor injury compensation is accurate.

Minor injury refers to an injury in which various external factors such as physical, chemical, and biological factors act on the human body, causing a certain degree of damage to the structure of tissues and organs or partial dysfunction, and do not constitute serious injuries but are not minor injuries.

If the injured party files a claim for compensation, the court shall judge the defendant to bear the percentage of the costs according to the differences of responsibility according to the circumstances. The identification of the degree of injury should be based on the primary injury and its consequences directly caused by external factors to the human body, including the injury at the time of the injury, the complications and sequelae caused by the injury, etc., and a comprehensive analysis and comprehensive assessment. The evaluator shall be a forensic physician or a person with forensic science evaluation qualifications; It may also be an attending physician or higher hired or retained by a judicial organ.

1. Medical expenses.

The amount of compensation is to be determined on the basis of the victim's medical records and receipts for medical expenses issued by the local hospital at or above the county level;

2. Lost time pay.

Compensation is calculated according to the victim's basic salary standard for the previous month (the labor and personnel department of the enterprise shall issue a certificate for the employees of the enterprise, the local tax department shall provide the tax declaration amount for individual industrial and commercial households, and the unemployed persons shall be paid per capita in the previous year according to the annual per capita income of the National Bureau of Statistics in the previous year);

3. Nursing fees.

The local hospital at or above the county level shall issue a certificate of the patient's need for nursing care and provide the time limit for the need for nursing, and then calculate it according to the average daily income of the actual nursing staff multiplied by the number of nursing days.

4. Compensation (this is not an accurate concept).

If it is a minor injury, there is basically no compensation fee, and if it is a serious injury that causes disability, compensation is to be implemented on the basis of the disability compensation standard based on the appraisal conclusion of the disability appraisal committee where the victim is located. If a prosthesis or assistive device (wheelchair, etc.) is required, the defendant shall be compensated according to the severity of the liability determined by the court.

Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the victim suffers personal injury;

The compensation obligor shall compensate for all expenses incurred due to medical treatment and the reduction of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

If the victim is disabled due to injury, the necessary expenses incurred by the victim due to the increase in his living needs and the loss of income due to the loss of his or her ability to work;

Including disability compensation, disability assistive device expenses, living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing and continuation, the compensation obligor shall also compensate.

Where the victim dies, the person obligated to compensate shall compensate the relevant expenses provided for in the first paragraph of this article in addition to the circumstances of the rescue;

Compensation shall also be made for funeral expenses, living expenses of dependents, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

The specific amount of compensation depends on whether the injury constitutes a civil disability level, and then the specific compensation amount is calculated according to the disability level and other comprehensive circumstances.

According to the provisions of the Criminal Law, intentional injury is punishable by fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

You can file a claim for incidental civil damages for your losses.

Specific items include medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies, and nutrition expenses.

The specific amount of compensation varies from place to place.

Generally, it is 5-8 times the cost of medicine.

Legal basis] Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: The victim suffers personal injury, and the expenses incurred due to medical treatment and the loss of income due to lost work;

Including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses, the compensation obligor shall compensate them.

Warm and cautious reminder].

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

1. Request the public security organ to deal with it, and then file a lawsuit in the court with the public security punishment decision;

2. If there is evidence, you can also go directly to the court to sue.

Scope of Indemnity. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the scope of personal injury compensation suffered by the victim is as follows:

The victim suffers personal injury, various expenses incurred due to medical treatment**, and loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

You can apply for judicial appraisal, and according to the appraisal results, see if it is a case of flying to the court for prosecution or criminal private prosecution.