Beaten and hospitalized, injury identification! What s next in the legal process?

First of all, if the landlord determines that your father has a ** situation after being hospitalized, although the results of the injury evaluation do not find obvious redness or swelling or uh fractures, at least there is a potential for further serious conditions.

Therefore, the landlord still retains the relevant evidence at this time, and some instructions and arrangements to make it a film should be kept, and one should not be lost, and it should be arranged in chronological order, so that the evidence can only be effectively provided in the case of the criminal police team providing evidence, and even if the criminal police are delaying them, the landlord also needs to further appeal, and if necessary, they can appeal together with the criminal police team, after all, they have delays.

But the landlord must remember to keep the relevant ** evidence, text information and film evidence, otherwise there is no evidence to move an inch, although they are suspected of procrastination, but the landlord has no conclusive evidence, so the key is to keep the evidence, if the landlord can find your father was beaten when the situation, the monitoring of the road section at that time ** as evidence, may have a better effect and effect, because ** evidence is often more effective than words and words!

Until your father's case is concluded, it is best to negotiate with him to settle it and directly compensate you for the relevant medical expenses or handling fees, so that you will not be spared from time, effort and work, but in any case, if the other party forcibly does not perform, the landlord can continue to walk, and the road of litigation will definitely return you to a clean slate.!

If the victim is hospitalized, the police file a case, the hospital issues a final report on the injury, the public security organ provides a certificate of injury evaluation, and the victim conducts an injury evaluation. If a minor injury is mediated, criminal responsibility should be pursued for a minor injury.

You haven't done a judicial appraisal yet, you still have to go to the hospital to issue a final injury report, and let the case-filing unit issue a judicial appraisal certificate, because the condition is a fact, if the case-filing unit can't shirk the blame, you can find his superior unit or superior ** to reflect, with the judicial appraisal results, you have the initiative to go through the legal process.

The time limit shall prevail, and it shall not be allowed after it is exceeded. The next step is to sue directly.

Finding a lawyer, reporting a crime, filing a case, finding evidence, and your document process.

Legal analysis: there is a certain time requirement for injury identification, minor and serious injury identification can generally be identified after discharge, involving joints and other functional problems can be identified three months to six months after discharge, fractures with steel plate fixation and injury to joint function, to wait until the steel plate is taken out 3-6 months after the end of the appraisal can be identified, the appraisal is issued within 7 days after the acceptance of the appraisal, and the difficulty is completed within 15 days, and the supplementary materials are calculated from the day of completion of the supplement. The appraisal is received by the entrusting unit such as the traffic police brigade, and the disability level appraisal can generally be identified in 3 months to 6 months after the end of discharge, but the number of forensic doctors in most counties and districts is small, only 2-3 people, and the case is not urgent, and the case cannot be filed, such as intentional injury that does not reach minor injury, and traffic accidents that do not reach serious injury often take a banquet to produce an appraisal certificate for a month.

Legal basis: Article 17 of the "Ministry of Public Security's Notice on Printing and Distribution" Public security organs handling injury cases shall conduct inspections and appraisals of the extent of personal injuries and the traces, physical evidence, and tools used as evidence.

Ministry of Public Security Notice on Printing and Distribution Article 18: After a public security organ accepts a case of injury and spring damage, it shall issue a power of attorney for an injury evaluation within 24 hours, informing the victim to go to a designated evaluation institution to conduct an evaluation of the injury and brother's condition.

According to the results of the medical evaluation, if it is a minor injury, it can be punished by public security; If the level of minor injury reaches the second degree and above the bridge, it is suspected of the crime of intentional injury, and shall bear criminal liability and civil compensation.

1. If the appraisal results are that the injury is minor or less, the public security organ shall 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;

2. Where the circumstances are relatively minor, and a detention of up to 5 days or a fine of up to 500 yuan is given, causing minor injuries or more injuries, the public security organs shall file a case for investigation and pursue criminal responsibility;

3. The beater is to be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and where serious injury is caused, the sentence is to be between three and ten years imprisonment.

How to sue if you are injured.

If the injury is only slight, it is sufficient to file a lawsuit with the court where the defendant is located after writing the complaint, and you can sue the other party for compensation for a series of expenses such as medical expenses, lost work expenses, and nursing expenses. If minor injuries or more are caused, the crime of intentional injury is constituted, and the police shall be reported to the police and the procuratorate shall initiate a public prosecution.

Legal basis: 1. Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments.

Those who assault others, or intentionally injure others, are to be detained for between 5 and 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) 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 beating or injuring multiple people at a time.

2. Article 234 of the Criminal 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.

Legal analysis: If the primary injury is the main basis for identification, the evaluation can be carried out after the injury. Where complications caused by the injury are the primary basis for evaluation, and after the injury has stabilized, the evaluation is to be conducted after the injury is stabilized, and where facial damage or tissue or organ dysfunction is the primary basis for evaluation, the evaluation is to be conducted 90 days after the injury.

3. After the parties apply for appraisal with the consent of the court, the two parties shall negotiate to determine the appraisal institution and appraiser who have the qualifications to appraise the appraisal, and if the negotiation fails, the people's court shall appoint it. 4. Where flawed appraisal conclusions can be resolved by methods such as supplemental appraisal, re-examination, or supplemental cross-examination, a new appraisal is not to be made.

Legal basis: "Rules for Appraisal of Public Security Organs" Article 14: Where a public security organ needs to conduct an appraisal in handling a case (matter), and it is necessary to entrust another appraisal body to conduct an appraisal for reasons of technical ability, or where the law provides otherwise, it shall promptly entrust the appraisal body of the public security organ to conduct an appraisal. Where a public security organ entrusts another body to conduct an appraisal, it is to be approved by the responsible person for the county-level public security organ or the responsible person for the case-handling unit of the public security organ at the prefectural or municipal level or above.

The entrusting appraisal unit shall appoint personnel handling the case (matter) to send it for inspection.

Summary. 6.The reconsideration of the injury evaluation is conducted by the forensic doctor of the public security organ at the next higher level, and under normal circumstances, the injury evaluation can only be reconsidered once.

and in special circumstances, if the injured person still does not agree after reconsideration, the public security organs may organize a meeting of relevant experts, and the outcome of the consultation is final. 7.Notes:

It is important to identify the injury before it disappears.

6.The reconsideration of the injury evaluation is conducted by the forensic doctor of the public security organ at the next higher level, and under normal circumstances, the injury evaluation can only be reconsidered once. and under special circumstances, if the injured person still does not agree with the reconsideration, the public security may organize a meeting of relevant experts before the reconsideration, and the result of the consultation is the final result.

7.Precautions: Be sure to identify the injury before it disappears.

Legal basis: Article 146 of the Criminal Procedure Law of the People's Republic of China: In order to ascertain the facts of a case, 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 an appraisal of a person who has been late in the process of conducting an evaluation, he shall write an evaluation opinion and sign it.

Where evaluators intentionally make false evaluations, they shall bear legal responsibility. Article 8 of the "Public Security Organ Appraisal Rules" Evaluators enjoy the following rights: (1) to learn about the circumstances of the case (matter) related to the evaluation, and to carry out investigations and experiments related to the evaluation; (2) Requesting that the entrusting appraisal unit provide the samples, samples, and other materials required for the evaluation; (3) Expressing their own opinions within the scope of appraisal operations; (4) When there is a discrepancy with the evaluation opinions of other evaluators, they have the right to reserve their opinions; (5) Those who provide false appraisal materials or do not have the qualifications for appraisal have the right to refuse the appraisal; (6) Other rights provided for by laws and regulations.

Article 16: Where public security organs entrust evaluations, and the public security organs' evaluation bodies at that level have the capacity to conduct evaluations, they are to be entrusted at that level; Where it exceeds the scope of the evaluation items or evaluation capacity of the public security organ's appraisal body at that level, it is to be entrusted to the public security organ at the level above the public security organ at the same level; Evaluations of particularly major cases (matters) or difficult evaluations may be entrusted with the consent of the evaluation body that intends to entrust the evaluation. Article 17: Public security organs entrust evaluations, such as technical capacity or other reasons or as otherwise provided by law, to entrust other appraisal institutions other than the public security organs to conduct evaluations.