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1. If the appraisal is a minor injury, the public security organs shall impose a public security penalty on the beater. The perpetrator bears the victim's medical expenses, lost work expenses, and other expenses. Article 43 of the Law 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) Forming a group to beat or injure others; (2) Beating 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 injuring others, or beating or injuring multiple people at a time.
2. If the evaluation result is a minor injury, the public security organs shall file a case for investigation and pursue the criminal responsibility of the beater. If the public security organ refuses to file a case, it may file a private criminal prosecution in the people's court and demand that the perpetrator be investigated for criminal responsibility. Regardless of whether it is a public prosecution or a private prosecution, an attached civil lawsuit can be filed at the same time to demand compensation for medical expenses and other expenses from the other party.
Article 234 of the Criminal Law [Crime of 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.
3. The scope of civil compensation is based on the provisions of Article 17 of the [Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases], including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and so forth.
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If you choose to call the police at that time, ** will definitely conduct an injury appraisal on you, and then punish the perpetrator according to the degree of your disability identification.
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If a person is slightly injured but cured, will the perpetrator be sentenced? According to the Criminal Law and Order Law, Fan was sentenced to 6 months to 3 years in prison for treating the wounded in a war. Out is two with a solution.
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The person was beaten and cured of minor injuries, and the perpetrator will not be sentenced and will be detained for 15 days!
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If you are injured and assessed as a minor injury, but whether you have been cured or not, you will be held criminally responsible.
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The injured party applies to the court for trial, meets the sentencing standards and is sentenced before being sent to prison.
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No. Generally, administrative detention or fines are not enough for criminal cases.
Don't laugh at Na Haihan.
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If the perpetrator of the crime will not be sentenced, it will be solved privately and cured without incident
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This depends on whether the other party will sue you, if the other party insists on going through the legal process, you will inevitably be punished by law!
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If the accident causes serious consequences, legal responsibility must definitely be investigated.
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Go to the hospital for an evaluation, and if you are guilty, you will definitely be sentenced.
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If the injured person wants to sue you and you are responsible, you probably will. rd
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Call the police, keep the evidence, and go to court to sue will definitely be punished.
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The fight caused minor injuries was sentenced and compensation was paid. According to Article 101 of the Criminal Procedure Law of our country, the victim may file an attached civil lawsuit if he suffers material damage due to the defendant's criminal acts.
1. Is it necessary to pay compensation if a person is sentenced for minor injuries caused by fighting?
The fight caused minor injuries was sentenced and compensation was paid. Compensation is required, the sentence is criminal liability, and compensation is civil liability.
Relevant legal knowledge.
Code of Criminal Procedure
Article 101.
Where the victim suffers material losses as a result of the defendant's criminal conduct, he has the right to initiate an attached civil lawsuit in the course of criminal proceedings. Where the victim dies or loses capacity, the victim's legally-designated person or close relatives have the right to raise an attached civil lawsuit.
Article 102.
When necessary, the people's courts may employ preservation measures to seal, seize, or freeze the defendant's assets. The plaintiff or the people's procuratorate in an attached civil lawsuit may apply to the people's court to adopt preservation measures. The relevant provisions of the Civil Procedure Law are to be applied to the people's courts employing preservation measures.
Article 103: People's courts hearing attached civil litigation cases may conduct mediation, or make judgments or rulings based on the material losses. 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 ability to work, including disability compensation, disability assistive devices, and living expenses of dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to the care and continuation of the town. If the victim dies, the compensation obligor shall compensate for the funeral expenses in addition to the relevant expenses provided for in the rescue situation.
2. How much is the compensation for minor injuries?
The person obligated to compensate the victim for personal injury, 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 necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of working ability, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation, shall also be compensated by the compensation obligor. If the victim dies, the compensation obligor shall compensate for the funeral expenses in addition to the relevant expenses provided for in the rescue situation.
In contemporary society, if the person intentionally injures the body of another person or there is a fight, resulting in the legal consequences of the other person suffering more than minor injuries, and the procuratorate finally convicts and sentences the people's court after examination and prosecution, then it is necessary to compensate the other party for the actual loss in accordance with the provisions of the law, which is a very clear provision.
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In any case, a civil lawsuit can be filed with the court to demand compensation from the other party. However, when a minor injury is constituted, a civil lawsuit attached to the criminal case may be filed with the people's court at the time of the public prosecution by the procuratorate. Just because you're sentenced doesn't mean you don't have to lose money.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injuries Article 1: Where the person entitled to compensation sues and requests compensation for property losses or mental damages due to infringement of life, health, or body, the people's court shall accept it. Article 17: Where a victim suffers personal injury, the person obligated to compensate for all expenses incurred for 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 allowances, and necessary nutrition expenses. If the victim is disabled due to injury, the person obligated to 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 ability to work, including disability compensation, disability assistive devices, and living expenses of dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
If the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of the Principal Loss Guess based on the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the 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.
Article 234 of the Criminal Law: Whoever intentionally harms the body of another person is 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 the death of a person in a crude manner or causes serious injury 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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Minor injuries sustained in the fight also need to be compensated after being sentenced. Civil compensation and criminal liability are two different forms of legal liability, and they do not affect each other in their application. The assumption of criminal liability does not affect the assumption of civil liability.
According to article 36 of the Criminal Law, where the victim suffers economic losses as a result of a criminal act, the criminal shall be sentenced to compensation for economic losses in addition to criminal punishment in accordance with law.
Where criminals who bear civil liability for compensation are concurrently sentenced to a fine, and their assets are insufficient to pay in full, or where they are sentenced to confiscate their assets, they shall first bear civil liability for compensation to the victims.
1. Compensate us for our economic losses.
Compensation for economic losses, according to the Criminal Law of China, refers to the fact that if the victim suffers economic losses as a result of the perpetrator, the criminal shall be sentenced to compensation for economic losses in addition to criminal punishment in accordance with the law. Compensation for economic losses is premised on the offender's bearing of criminal penalties, and it is only applicable to cases where the criminal act has caused economic losses to the victim, and it is not a way to achieve criminal liability, but a civil liability arising from criminal law.
2. Does the court still have to pay money for the trial if it does not bear criminal responsibility?
The court shall not bear criminal responsibility for adjudication, and if the victim suffers economic losses as a result of the criminal act, it shall be sentenced to compensation for economic losses according to the circumstances. Where criminals who bear civil liability for compensation are concurrently sentenced to a fine, and their assets are insufficient to pay in full, or where they are sentenced to confiscate their assets, they shall first bear civil liability for compensation to the victims.
Article 36 of the Criminal Code.
Where the victim suffers economic losses as a result of the criminal act, the criminal shall be given a sentence of compensation for economic losses in addition to criminal punishment in accordance with law.
Where criminals who bear civil liability for compensation are concurrently sentenced to a fine, and their assets are insufficient to pay in full, or where they are sentenced to confiscate their assets, they shall first bear civil liability for compensation to the victims.
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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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