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A few years ago, I was beaten and intimidated by two people, and now whether I can still report the case depends on the circumstances, and the specific situation is as follows: if it has been more than two years, and you have not applied for or prosecuted for this matter within two years, then the statute of limitations has expired and you can no longer report the case, if it has not exceeded two years, you can report the crime, and beating and intimidating others seriously will constitute the crime of intentional injury.
The elements of the crime of intentional injury are as follows:
1. Subject Elements: The subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute this crime, and among them, a natural person who has reached the age of 14 and has reached the age of 16 shall bear criminal responsibility if he intentionally injures a person causing serious injury or death;
2. Subjective element, this crime is manifested in the subjective aspect of intent, that is, the perpetrator clearly knows that his or her conduct will cause a result that harms the physical health of others, but hopes or allows such a result to occur. Under normal circumstances, the perpetrator may not have a clear understanding and pursuit of the extent of harm that his or her harmful conduct can cause to the victim in advance. No matter what degree of result is caused, it is within the subjective intent of the offense, so it is generally possible to determine whether it is intentional minor injury or intentional serious injury according to the actual injury result;
3. Object element: The object violated by this crime is the body right of others, and the so-called body right refers to the personality right of a natural person to maintain the integrity of his limbs, organs and other tissues. It should be noted that this crime infringes on the right to the body of others, so intentionally harming one's own body is generally not considered a crime;
4. Objective elements: This crime is objectively manifested in the fact that the perpetrator has carried out an act of unlawful physical harm to others.
Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally injures the body of another person shall be 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 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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It can be, but it's not good to investigate and find evidence after a few years, but the camera archive is only a month or a cycle, and it can't be kept for a long time, and if the report is not successful, it will provoke those people. You're in more trouble.
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Whether or not the case can be reported now involves the validity period of the prosecution of the case. If it has been more than two years and you have not filed or sued for this matter within two years, the statute of limitations has expired and you cannot file a lawsuit again.
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Hello, I think that after a few years of this situation come to the police, you have passed the best statute of limitations. This situation is equivalent to your mediation in private.
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You can give it a try.
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This should be possible.。。
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How long does it take to file a case after being beaten and reported to the police? The time for filing a case is determined by the local public security organ, but if the case is not filed for more than six months, no punishment will be imposed. According to Article 22 of the "Public Security Administration Punishment Law", where the public security organs are not discovered within six months of violating the law and opposing the public security draft management conduct, no punishment will be given.
The time period provided for in the preceding paragraph is calculated from the date on which the violation of the administration of public security occurs; Where violations of the administration of public security are continuous or continuous, it is calculated from the date on which the conduct ends. Article 43: Whoever assaults another person, or intentionally harms another person's body, is 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. If the criminal law is violated, the case is not filed within five years and will not be prosecuted.
On the basis of article 87 of the Criminal Law [Statute of Limitations for Prosecution]The crime is not to be prosecuted after the following period of time: (1) where the statutory maximum penalty is less than 5 years imprisonment, 5 years have elapsed; (2) Where the legally-prescribed maximum sentence is between 5 and 10 years imprisonment, 10 years have elapsed; (3) Where the legally-prescribed maximum sentence is 10 years or more imprisonment, 15 years have elapsed; (4) Where the statutory maximum sentence is life imprisonment or death, 20 years have elapsed. If it is found necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval.
Do you understand this explanation?
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If two people hit one person and then call the police, the police station should stop it and entrust a forensic medical examiner, and the suspected crime should be investigated for criminal responsibility. Article 13 of the "Public Security Administration Punishment Law" stipulates: Anyone who assaults another person, or intentionally injures 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 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.
Those who have the following circumstances shall be detained for not less than 10 days but not more than 15 days, and shall also be fined not less than 500 yuan but not more than 1,000 yuan.
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I was beaten to the suburbs by three people I didn't know, beaten me on the grounds of business cooperation, viciously abused and intimidated, and had obvious trauma (bleeding) on the bridge of my nose. If the forensic doctor has identified the injury as minor and has reported to the police, does it constitute the crime of picking quarrels and provoking trouble?
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Let the family prepare more changes of clothes for you
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1, I have left the police station now, and the other party is still at the police station when I leave, will I detain them for this night??
It's hard to say, but if the detention needs to go through and last, it seems unlikely. Of course, if the procedures are done during the day, there is no problem.
What do we do next?
If you don't have the energy, you wait for news, and if you have the energy, you go back to the police station to see.
2, what kind of plot do the other 4 people belong to??? Is it a crowd fight??
Does it constitute a criminal case?
What kind of circumstances can constitute a criminal case???
There need to be serious consequences.
3, I asked for 5000 at the beginning, the other party didn't agree, and I don't want money now, I just want them to be detained, according to the current situation, whether it constitutes a condition, can they be detained?
It's more difficult to be realistic.
If it doesn't constitute detention, then how should they be punished?
will be disciplined.
4. The money I paid for the medical appraisal and the clothes that were torn when I was beaten should I be truthfully compensated???
Of course, the other party needs to compensate.
If the other party is detained, will I be compensated with this part of the money???
Of course, you still need to!
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I was injured by 6 people last night, 6 people from the other side beat me and my wife, my wife and I were both injured, and 1 person on the other side was also injured, and I was injured to grab the knife, what should we do?
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According to what you said, this should be a civil dispute, and if you go through the normal procedure, the other party should bear the security detention for 15 days, and it is recommended to adjust.
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Question 1: Detention can only be carried out if a detention decision is taken. This stay should not be a detention, it should be an investigation.
Question 2: It's a public order case. To constitute a criminal case, it is necessary to have more than minor injuries.
Question 3: It is not up to you to decide whether to detain or not, and failure to settle does not mean that the punishment will be increased. Reconciliation is to solve civil problems, and punishment is to solve public order problems, and the two issues cannot be confused.
Whether or not to be detained depends mainly on the circumstances, subjective malice, consequences, remorse after the fact, and interpersonal relationships. If you don't detain, that's a fine.
Question 4: The issue of compensation is a civil issue, and tort compensation is subject to fault liability, that is, the liability is divided according to the degree of fault of both parties, that is, it is not necessary to compensate you in full, because you cannot be without fault. Administrative law enforcement issues at the time of detention.
As above, civil and administrative issues should not be conflated. Those who should be punished should be punished, and those who should be compensated should be compensated for medicine, these are two things.
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Legal analysis: Appraisal of injuries, requests for administrative or criminal liability of the other party, investigation of civil liability and compensation.
Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 9: Where civil disputes cause fights or damage to other people's property, or other violations of the administration of public security, and the circumstances are relatively minor, the public security organs may mediate and handle them. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.
Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violator of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may file a civil lawsuit in the people's court in accordance with law regarding the civil dispute.
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Evaluate the injury, request that the administrative responsibility or criminal liability of the party who is delayed and missing, and the civil liability of the party who is delayed and miss the party be investigated and demand compensation.
Legal basis: Article 9 of the Law of the People's Republic of China on Public Security Administration Punishments may mediate and deal with violations of public security management such as fights or damage to other people's property caused by civil disputes, and the circumstances are relatively minor. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.
Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.
The best thing is not to have both, and it is still possible to break up again after the breakup. Your current girlfriend tortured you like this, and she will do the same next time. It's not like this world can't work without love. Find another one better than them.
Pick the second one. The appearance is good to provoke flowers and plants, although I am ugly, I am gentle. Men have a bad temper and are cautious and prone to trouble. Men who learn to be gentle have great potential in the future and generally have a sense of responsibility for their families.
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