Minor Injury Counseling What are the criteria for determining minor injuries?

1. In accordance with the provisions of the Criminal Code and the Criminal Procedure Law, if a minor injury is constituted, it is possible to pursue criminal responsibility.

1. The case may be filed and investigated by the public security organ, and the procuratorate may initiate a public prosecution in the court.

2 If neither the police nor the Ombudsman accept the case, the victim may file a private prosecution in court.

For criminal liability: there is no need to worry too much about hugging: in combination with the situation you said, the court will consider the subjective purpose of both parties (the intentional situation of the violation, the motive), the objective situation (means, circumstances, occasions, specific injuries), and the attitudes of both parties.

It would be a good idea for your friend to prove that the case occurred out of provocation or justification for the offense.

2. If the public security organs make mediation, if the consequences of the injury are not too serious and the social impact is not too great, it is likely that it will not be handled as a criminal case again. However, public security penalties, fines or administrative detention may be imposed. If the punishment is clearly unjust, your friend or his close relative, or the person he has delegated, can file an administrative reconsideration with the public security organ.

The reason is that both parties are at fault and have been harmed, and the other thing is to see what the cause of the dispute is, that is, who started the dispute first).

At this point, it is advisable for your friend to do a minor injury assessment as well. The cost is also not too high in case you need it.

3. On the issue of compensation.

The money is in your hands, and the other party asks for compensation, and you need to come up with the basis for compensation, medical expense receipts, and proof of lost work (you need a certificate of lost time from the hospital, a labor contract, a year's payroll, a certificate of lost work from the unit, and some places also need a tax payment certificate of individual income tax, otherwise, the loss of lost work will be calculated according to the average local income). Of course, your friend can also ask the other party to give compensation, of course, it is best to prepare sufficient evidence of loss, so as not to fall into passivity.

If you still have any questions, you can add explanations or send a message on the site.

I hope that the problem of hugging friends can be solved reasonably and smoothly.

First of all, we must find out the reason for their counterfeiting, and whether your friend has the intention to hurt or kill people, as for the dispute, the general solution must first go through the mediation process, there is 40,000, there is no basis, you can't open your mouth as much as you want, there must be a legal basis, if your friend has no previous convictions, it is a civil dispute that leads to such a result, it can come out.

It's nothing to fight, as long as the other party does it first, as long as there is money, there is nothing. However, if he has no money, he may have to stay for a few days, but he will not go to prison, as long as he does not find fault with people by himself, he should be released on bail. However, the way of dealing with it is not the same in different places, so you can see what to do.

If the injury is caused intentionally and minor injuries are caused, criminal responsibility must be pursued, and if the provisions are met, bail pending further investigation may be sought.

Legal Analysis: Minor injury refers to the injury that has not yet constituted a serious injury but is not a minor injury due to the action of various external factors such as physical, chemical and biological factors on the human body, causing a certain degree of damage or partial dysfunction of the structure of tissues and organs. 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.

Legal basis: "Provisions on the Handling of Injury Cases by Public Security Organs" Article 19: Where there are conditions for conducting an immediate injury evaluation on the basis of the standards for the evaluation of personal injuries promulgated by the relevant state departments, the victim's injuries at the time, and the hospital's diagnosis certificate, the public security organs' evaluation bodies shall submit an evaluation opinion within 24 hours of being retained, and issue an evaluation document within 3 days. Where the injuries are more complex and there is no capacity for immediate evaluation, an evaluation opinion shall be submitted and an evaluation document shall be issued within 7 days of being retained.

Where the function of tissues or organs is affected or the injury is complex, and it is difficult to conduct an evaluation for the time being, an evaluation opinion is to be submitted in a timely manner after the injury is stabilized, and an evaluation document is to be issued.

(1) Minor injuries of the first degree include: scalp wounds or scar lengths accumulated;

2) Minor injuries in the second degree include: scalp wounds or scar length above the accumulation.

2. Legal basis: Article 234 of the Civil Code Law of the People's Republic of China.

Intentional injury] 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, 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.

2. What is the compensation for minor injuries according to the following standards.

Minor injuries are compensated according to the following standards:

1. Medical expenses: determined according to the receipt vouchers for medical expenses and hospitalization fees issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the compensation obligor has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof;

2. Lost work pay: determined according to the victim's lost time and income;

3. Nursing fee: determined according to the income status of the nursing staff, the number of nursing staff and the nursing period;

4. Nursing care after the victim is disabled: The level of care shall be determined based on the degree of dependence on the victim and the preparation of disability assistive devices;

5. Hospitalization meal subsidy: It can be determined with reference to the business trip meal subsidy standard for general staff of local state organs;

6. Nutrition expenses: Determined based on the victim's disability with reference to the opinions of medical institutions.