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Glad for your question.
Slightly injuring a person is a public order case. If the beater is breastfeeding (the child is under 1 year old), he cannot be detained.
The minor children asked by the subject need to be taken care of, and I don't know if they belong to the above situation.
Hope mine is helpful to you.
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Yes, as long as you are malicious, although you are a woman, you are an adult, you need to be responsible for your own behavior, you know that there are minor children in the family, and you do it deliberately, you should reflect on it when you hit others, and it will not happen so helplessly.
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Adult females who have been slightly injured and have minors in their families who need to be taken care of should be detained in accordance with the law, and the other party's understanding can only be dealt with leniently in accordance with the law through mediation by the police station according to the circumstances.
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The issue of minor injuries is not too big, as long as the woman actively compensates the other party, the two sides reconcile, and reach an agreement, so that there is no need to be detained. Look at her attitude. At most, it is to conduct civil lawsuits, civil compensation.
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Knowing that there are children at home and still so impulsive, quickly admit your mistakes, whether you are right or not, it is not right to hit someone, actively cooperate with the police, actively apologize to the injured person, explain the situation to others, it is best to negotiate and resolve, if the negotiation is resolved, people do not need to be detained!
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There should be no need to detain this, talk to the other party, see what they think, whether they can be private, and lose some money!
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Yes, because the violation must be punished.
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Minor injuries are not a big problem, but the attitude of admitting mistakes is good, actively pay for medical expenses, and strive to obtain the other party's forgiveness, now I remember that there are minors who need to be taken care of, but what did you do when you hit someone, this is a minor injury or make up for it, if it is a serious injury or death, no one can save you.
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If there is any problem, everyone understands and tolerates each other, there is no need to do anything wrong, it is not beneficial for anyone to lose both, and although the beater wins, he can never escape the punishment of the law.
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In this case, it is generally enough for the families on both sides to reach a consensus.
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Legal Analysis: Minor disability needs to compensate for medical expenses, lost work expenses, nursing expenses, disability compensation, disability assistive device expenses and other expenses. Medical expenses are calculated based on the expenses necessary by the hospital for the person's traffic accident trauma**.
After the case is closed, if it is confirmed that the leakage of wax dust needs to continue, it shall be paid according to the necessary expenses. If the party has a fixed income, the compensation for lost work shall be calculated on the basis of the fixed income reduced by the person due to the loss of work, and if the income is more than three times the average living expenses of the place where the traffic accident occurred, it shall be calculated as three times.
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, 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 person obligated to compensate shall compensate for the relevant expenses provided for in the first paragraph of this article in addition to the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, and shall also compensate for the funeral expenses, living expenses of the 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.
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Lawyer answers: Detention.
Article 12 of the Law on Public Security Administration Punishments: Where a person who has reached the age of 14 but is not yet 18 years old violates the administration of public security, the punishment shall be mitigated or commuted; Where a person under the age of 14 violates the administration of public security, he is not to be punished, but his guardian shall be ordered to strictly discipline him. Article 26: Those who commit any of the following conduct are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB: (1) Gang fighting; (2) Chasing or intercepting others; (3) Forcibly taking or arbitrarily destroying or occupying public or private property; (4) Other acts of picking quarrels and provoking troubles.
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Legal Analysis: No Impact. Administrative detention generally does not have a significant impact on children.
Administrative detention is a punishment for violating the regulations on the management and sale of public security, and will leave a record of administrative punishment for public security, but it is not a criminal record. The types of public security administrative penalties include warnings, fines, administrative detention, and revocation of permits issued by public security organs.
Legal basis: Article 4 of the Law of the People's Republic of China on Public Security Administration Punishments Anyone who assaults another person or intentionally injures another person's body shall be detained for not less than 5 days but not more than 10 days and fined not less than 200 yuan but not more than 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) Assaulting or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60;
3) Repeatedly beating or disturbing hunger and harming others, or beating or injuring multiple people at a time.
It's not enough for him to have a nephew, at least 2 witnesses are needed, and it's a brawl, negligent injury, a maximum of fines and detention for a few days, and you say that they beat your mother first, then you are likely to be convicted of justifiable defense, acquitted, on the contrary, you can sue them for intentional wounding (because they beat your mother) and blackmail (using various means to threaten money that far exceeds the medical bills), unless there is a strong backstage in his family (there are people in the public security or there are high-ranking officials), you may be locked up, but even if there is a backstage, it will not affect your future I'm afraid that I'll be guilty when I get caught, and if I don't have a backstage, I don't have to be afraid of them.
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