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If you are assaulted, you should report it in a timely manner, and conduct a review according to the specific circumstances to determine the nature of the case and deal with it.
Article 47: Public security organs shall promptly accept cases transferred by other administrative departments or judicial organs for cases that are reported, accused, reported, turned over by the public, or surrendered by suspects in violation of the law, as well as cases transferred by other administrative departments or judicial organs.
Article 141:The time limit for public security organs to handle public security cases must not exceed 30 days from the date on which they accept it; Where the case is major or complicated, an extension of 30 days may be granted upon approval by the public security organ at the level above. Where there is a legally-prescribed time limit for handling other administrative cases, it is to be handled in accordance with the relevant legal provisions.
The period for conducting evaluations in order to ascertain the facts of the case is not included in the time limit for handling cases.
Article 147: Public security organs are to make the following disposition decisions based on the different circumstances of administrative cases:
1) Where there is truly illegal conduct and an administrative punishment shall be given, an administrative punishment decision is to be made on the basis of the circumstances and the severity of the harmful consequences;
2) Where there is indeed illegal conduct, but there are circumstances in which administrative punishment is not to be given in accordance with law, a decision is made not to give administrative punishment; where there are unlawful gains, illegal property, contraband, or controlled instruments, they shall be recovered or confiscated;
3) Where the facts of the violation cannot be established, a decision is to be made not to give administrative punishment;
4) To make a decision in accordance with law for those who need to be given community drug treatment, compulsory isolation for drug rehabilitation, custody and education, custody and education, custody and reeducation, etc.;
5) Those who meet the requirements for re-education through labor shall be reported for re-education through labor in accordance with law;
6) Where the illegal conduct is suspected of constituting a crime, it is to be transferred to a criminal case or transferred to the competent organ or department that has the authority to handle it, and there is no need to withdraw the administrative case. Where the public security organs have already made an administrative disposition decision, they shall attach it to the case file;
7) Where it is discovered that the offender has other illegal acts, the relevant administrative departments shall be notified to handle it at the same time as making an administrative disposition decision in accordance with law.
Where there is a victim in a public security case, the public security organs shall send a copy of the written decision to the victim within 2 days of making the punishment decision. where it cannot be delivered, it shall be noted.
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If you don't know what your injuries are, you can report the case, and if the conditions for filing a case are met, the public security department will find the other party to investigate the facts according to your statement, and if the other party denies it, it will be difficult to do it, because you have no other evidence to prove that the other party beat you. If the other party admits to hitting you, then no other evidence is needed.
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Legal analysis: You can go to the hospital for an injury evaluation, and then go to the police with the report. The witness is only one of the pieces of evidence, and the materials that can be used to prove the facts of the case are all bent evidence.
Evidence includes: physical evidence, documentary evidence, witness testimony, victim statements, confessions and justifications of criminal suspects and defendants, appraisal opinions, inquests, inspections, identifications, investigative experiments, and other records, audio-visual materials, and electronic data. In view of the above content, see if there is a surveillance video near the scene that can capture the picture, and whether the witness can be recorded to testify if he is unwilling to come forward, and call the police to first evaluate the injury, and then go to the hospital to deal with the injury.
Legal basis: Article 50 of the Criminal Procedure Law of the People's Republic of China: Materials that can be used to prove the facts of a case are all evidence. Evidence includes:
1) Physical evidence; (2) documentary evidence; (3) Witness testimony; (4) The victim's statement; (5) Confessions and justifications of criminal suspects or defendants; (6) Appraisal opinions; (7) Records of inquests, inspections, identifications, investigative experiments, and so forth; (8) Audio-visual materials and electronic data. Evidence must be verified to be true through laughter and laughter before it can be used as the basis for a verdict.
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Legal Analysis: Not necessarily, if there are no facts of the crime, the case will not be filed. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a ruling shall be made within 7 days, and the draft Zaoxiang shall not be accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.
According to the relevant laws and regulations of China, the parties are not required to provide evidence in the key link of the Standing Rock Brief Case.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims, facts, and reasons;
4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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Not necessarily, if there are no facts of the crime, the case will not be filed. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal. According to the relevant laws and regulations of China, there is no requirement that the parties must provide evidence in the process of filing the case.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case before the liquid;
2) There is a clear defendant;
3) There are litigation claims, facts, and reasons for the lawsuit;
4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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Legal analysis: If you are beaten up, you can call the police, but you have to provide evidence. The public security organs will take different measures against the perpetrators depending on the cause, and if the circumstances are less severe than the state grinding, they can conduct mediation, criticism and education, and if the circumstances are more serious or heinous, they can be warned, fined, or detained.
Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 43 Whoever assaults another person, or intentionally harms the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined between 200 and 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB
1) Gang up to beat or injure others;
2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;
3) Repeatedly beating or injuring others or assaulting or injuring multiple people at a time.
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Someone has been beaten but it is not serious, and it is useful to call the police. If a person is slightly injured, the public security organ may detain the beater for not less than 5 days but not more than 10 days, and impose a fine of not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they may be detained for up to 5 days or fined up to 500 RMB.
Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments: Whoever assaults another person, or intentionally harms the body of another person, is to be detained for not less than 5 days but not more than 10 days, and 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. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB: (1) Forming a group to beat or injure others; 2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
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.
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Legal analysis: After being beaten by someone without evidence, you can also call the police, if it constitutes a minor injury or more, it constitutes a crime of fighting jujubes, and the public security bureau shall file a case for investigation and collect evidence through the dismantling of the investigation base.
Legal basis: Criminal Law of the People's Republic of China Article 234 Whoever intentionally injures another person or leaks his body is sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, or where serious injury is caused by especially cruel means, or serious disability, the sentence is to be 10 or more years imprisonment, life imprisonment or death.
This is for those who understand the law! Legal advice.
2.If it does not constitute a minor injury, you should conduct a thorough ** on your mother, conduct a judicial appraisal of you after being discharged from the hospital, and according to the level of disability, you have the right to demand that the other party pay disability compensation, medical expenses, lost work expenses, nursing expenses, nutrition expenses, transportation expenses, hospitalization allowance, mental damages and other all expenses and losses; >>>More
As for what you added, let me talk about my opinion, you mean that there are people in the company who are beating you, and the company's top management also supports you and is bent on helping you find out. In this case, I advocate that it is still a private cost-effective, after all, there is no clue to resist here, and you also said that due to the nature of your work, you have offended a lot of people, so it is difficult to obtain useful clues or evidence, and from the perspective of human nature, it is not appropriate to settle the dispute, you have to force an appeal, which may further escalate the matter, and the consequences are not good. >>>More
First, the victim should promptly report to the police, and then conduct a forensic medical evaluation, based on the results of which the legal responsibility of the beater is decided. >>>More
If an elderly person over the age of 60 is injured, can the family members of the elderly fight back? If an elderly person over the age of 60 is injured, the family members of the elderly should not fight back, but should report the case and call 110, and if they return fire and injure the other party, they will also be legally responsible.