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The victim shall report the case as soon as possible, and the public security organ's forensic appraisal department shall make an assessment of whether it constitutes a minor injury, and if it constitutes a minor injury, the public security organ may file a case for investigation and pursue criminal responsibility and civil compensation.
Article 234 of the Criminal Law of the People's Republic of China stipulates that the act of intentionally and unlawfully harming the body of another person is the crime of intentional injury.
Article 234:Whoever intentionally injures the body of another person shall 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. Where this Law provides otherwise, follow those provisions.
Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Where a victim suffers personal injury, the compensation obligor shall compensate for all 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.
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 the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.
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But please note: the doctor never uses a ruler to measure, it is estimated by the eyes at will, and the length is related to the charge, so the doctor writes more than it actually does. At the same time, forensic identification has certain requirements when measuring, and not all crack lengths are counted. Thank you for your understanding.
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Judicial appraisal is required, and what comes out of ordinary hospitals does not work.
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Legal analysis: a head wound of up to 8 cm can be a minor injury.
Legal basis: "Criteria for Identification of the Degree of Human Injury" Minor injury level 2 1, scalp wound or scar length is more than cumulative; 2. The area of scalp avulsion is more than square centimeters; The area of scalp defects is more than square centimeters; 3. The range of subgal subaponeurosis hematoma is more than square centimeters; 4. Skull fracture; 5. Traumatic subarachnoid hemorrhage; 6. Cranial nerve damage causes corresponding nerve dysfunction.
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Legal analysis: 1. Craniocerebral and spinal cord injuries.
Minor injuries of the first degree. a) Scalp wound or scar length is more than cumulative.
b) The area of scalp avulsion is cumulative, and the area of epidermal defect is cumulative.
c) Depressed or comminuted fracture of the skull.
d) Basilar skull fracture with cerebrospinal fluid leakage.
e) Intracerebral contusion, intrahemorrhagic hematoma, wounded subdural effusion.
f) Traumatic hydrocephalus, traumatic intracranial aneurysm, traumatic cerebral infarction, and traumatic intracranial hypotension syndrome.
g) Spinal cord injury causing defecation or urinary dysfunction (mild).
h) Spinal cord contusion.
Minor injuries of the second degree. a) Scalp wound or scar length is more than cumulative.
b) The area of scalp avulsion is cumulative, and the area of epidermal defect is cumulative.
c) Above the extent of the subgal subaponeurosis hematoma.
d) Skull fractures.
e) Traumatic subarachnoid hemorrhage.
f) Cranial nerve damage causes corresponding neurological dysfunction.
Legal basis: "Criteria for Appraisal of the Degree of Human Injury" Minor injuries refer to injuries that cause damage to a person's limbs or appearance, partial impairment of hearing, vision or other organ functions, or other injuries that have moderate harm to human health, including minor injuries of the first degree and minor injuries of the second degree.
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A head wound of up to 8 cm can achieve a minor injury. The "Criteria for Appraisal of the Degree of Human Injury" stipulates that minor injuries are second-degree a) scalp wounds or scar lengths are more than cumulative.
The Criteria for the Identification of the Degree of Human Injury stipulates:
Minor injuries of the second degree. 1. The length of the scalp wound or scar is more than cumulative.
2. The area of scalp avulsion is more than square centimeters; The area of scalp defects is more than square centimeters;
3. The range of subgal subaponeurosis hematoma is more than square centimeters;
4. Skull fracture;
5. Traumatic subarachnoid hemorrhage;
6. Cranial nerve damage causes corresponding nerve dysfunction.
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