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Breaking the law is definitely a crime, but it is difficult to say how much responsibility you have to bear.
It can be requested (there is a theoretical controversy), but according to the judicial interpretation, it is difficult for the court to support it.
The reply of the Supreme People's Court on whether to accept the issue of civil litigation for compensation for moral damages raised by the victim of a criminal case (Fa Shi [2002] No. 17) clearly stipulates: "In accordance with the provisions of Article 36 of the Criminal Law and Article 77 of the Criminal Procedure Law, as well as the second paragraph of Article 1 of the Provisions of our People's Court on Issues Concerning the Scope of Civil Litigation Attached to Criminal Cases, an attached civil lawsuit filed by a victim of a criminal case for mental losses suffered by the defendant due to the defendant's criminal acts, or after the conclusion of the criminal case, Where the victim separately raises a civil lawsuit for compensation for moral damages, the people's court will not accept it. "The first paragraph of Article 99 of the Criminal Procedure Law (Article 77 before the amendment) provides:
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 the capacity to act, the victim's legally-designated person or close relatives have the right to initiate an attached civil lawsuit", that is, the scope of initiating an attached civil lawsuit is limited to "material losses". Some people believe that the tortfeasor has already borne criminal responsibility for his own actions and paid the price of losing his personal freedom, which is the greatest spiritual comfort for the victim, and there is no need to bear civil liability, otherwise there is a suspicion of double punishment.
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You're breaking the law by hitting someone. Why don't you talk well? Why use force to solve the problem?
We are Chinese citizens, we should abide by the law, you know that beating people is a crime, but you still want to beat people, and the spirit of beating people is irritable, maybe you are mentally ill, then this consequence is to commit the crime of intentional injury, and the consequences are very serious. will be held criminally responsible. It is recommended that you be docile in your character, learn more about the law, and do not use force to solve problems at every turn.
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Whether it's mania or bipolar disorder, it's just one type of mental illness; Not all mentally ill persons are persons with limited or no capacity for civil or criminal conduct.
Whether it counts as mental illness or not, this requires a formal medical examination.
The general principles of the civil law stipulate that a mentally ill person who cannot recognize his own behavior is a person with no capacity for civil conduct, and his legal **person** civil activities are carried out. A mentally ill person who is unable to fully recognize his or her own behavior is a person with limited capacity for civil conduct and may engage in civil activities that are compatible with his mental health condition; Other civil activities shall be carried out by his legal **person**, or with the consent of his legal **person.
In criminal law, a mentally ill person may be a person with no capacity for criminal responsibility or a person with limited capacity for criminal responsibility.
First of all, this person opened his mouth and closed his mouth to say that he was mentally ill and committed murder, and he had the ability to discern, which is not to pretend to be crazy, but to take the opportunity to go crazy.
Furthermore, it is important to be clear that the concept of "psychopath" in law is not exactly the same as what we call "psychopath" in our lives.
Specifically, mentally ill persons in criminal law can be divided into two categories in simple terms: one is the mentally ill who are "completely unable to control their own behavior"; The second is a mentally ill person who "cannot fully control his behavior". - Note the order of the words, the former is so severe that you are completely unable to control your behavior, and the latter is someone who can control it but is much less able to control it.
Further, the former is generally not subject to criminal liability, while the latter is used as a mitigating circumstance.
However, it should be noted that no matter which one it belongs to, it should be determined by the appraisal conclusion issued by a special appraisal agency, rather than by the individual himself.
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The consequences of beating a person require civil liability, and it is difficult to determine if the court determines that there is no criminal liability.
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It is definitely illegal to hit someone. As for what kind of disease you have, it will be related to the responsibility you have to bear.
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Hitting someone is illegal in the first place.
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You are beating people like this now, and now people want to do as long as they don't sue you. People will be fine if they are cured.
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The crime of abetment refers to the use of methods such as persuasion, inducement, instigation, instigation, bribery, or threat to instill one's own criminal intent into a person who does not have criminal intent, causing him to commit a crime in accordance with the instigator's criminal intent, and instigating a person constitutes a crime of abetment. The crime of abetment is characterized by the fact that the abettor does not commit the crime himself, but instigates others to carry out his own criminal intent. The instigator and the person instigated to commit the crime form an accomplice relationship, therefore, the object of the instigation by the instigator should be a person who has the capacity for criminal violations and criminal responsibility, and the instigator under the age of 14 or who is mentally ill does not constitute an accomplice relationship, and only the instigator is convicted and sentenced separately.
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If it's not deliberately killed, it's manslaughter, and it depends on the process of the incident, and the police and judges have to look at the incident before they can be determined.
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Five people beat one of you, although it is justified defense; If you shoot too hard, no matter who is right or wrong in the process, it is still a crime; Penalties or compensation will be given in accordance with the provisions of the law.
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Because the subject's description is too general, there is no way to judge your responsibility in this incident, and legitimate defense must meet certain conditions, not simply a small number of people can be judged. If you need to go to court, it is best to consult a lawyer, and if you have financial difficulties, you can apply for legal aid.
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Violate the law. If someone is beaten, his guardian is responsible for a certain amount of civil liability, and if he does not have a guardian, he can only be sent to a psychiatric hospital.
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According to article 13 of the "Law of the People's Republic of China on Public Security Administration Punishments", where a mentally ill person violates the administration of public security when he is unable to recognize or control his or her own behavior, he shall not be punished, but his guardian shall be ordered to take strict care of him. Where an intermittent mentally ill person violates the administration of public security when he is mentally normal, he shall be punished.
According to article 18 of the Criminal Law of the People's Republic of China, where a mentally ill person causes harmful results when he is unable to recognize or control his own behavior, and it is confirmed through legal procedures, he does not bear criminal responsibility, but his family or guardian shall be ordered to strictly supervise and receive medical treatment; When necessary, by ** compulsory medical treatment.
An intermittent mentally ill person who commits a crime when he is mentally normal shall bear criminal responsibility. Where a mentally ill person who has not completely lost the ability to recognize or control his or her own conduct commits a crime, he shall bear criminal responsibility, but the punishment may be mitigated or commuted.
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Violate the law. However, he does not bear civil liability, and his guardian is responsible for a certain amount of civil liability if he beats someone, and if he does not have a guardian, he can only be sent to a psychiatric hospital.
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My classmate's sister's classmate (who had a complicated relationship) had a similar situation, and a psychotic person rushed over and almost disfigured her, and as a result, an 18-year-old girl who was confident, beautiful, and promising became a silent, unsociable person! I listened to this incident in addition to heartache or heartache, just because she met a psychopath, so she was going to consider herself unlucky for the harm she suffered!! Alas!
If you can find his guardian, it will be easy to do, and his guardian will be legally responsible, but if you can't find a guardian, then you can only admit bad luck like the girl I said above!! So everyone should be vigilant and protect yourselves!!
This Generally speaking, the guardian should take good care of it, so that it cannot pose a danger to society That is to say, if there is a condition, it will be sent to a psychiatric hospital, but some people do not send it, it seems that if the neuropathy hurts people again, it is the guardian who compensates again, and it can only be like this, that is, to increase the guardianship of the patient, so that he (she) is not hurting others
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National Law: Not a crime. You deserve it.
If you want to make a claim, go to a guardian.
Therefore, in the event of an unforesee, you must be highly protective of yourself.
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Mentally ill beating is not illegal to kill someone, but his guardian is responsible for taking full responsibility.
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It's also a violation of the law, this is where the Chinese law is not reasonable enough, don't scold you, beat you, you fight back, both sides will be detained!
China should reform the law in order to curb illegal crimes. If you can't fight back, it's becoming, a nest behavior. If you fight back, it will become a fight, and you will be detained.
The correct approach, within a controllable range, as long as it is not killing or maiming the other party, should be regarded as legitimate defense, and only punish the party that provokes the trouble.
In China, culture is also self-suppressed, and many words on the Internet will be blocked from being used, thinking that human beings should not curse and have tempers, that these are wrong and should be erased, which is actually a violation of human rights. Although those behaviors can be defined as wrong, but that is the right of human beings, it is human beings who should be emotional, this is very normal, what's wrong with tantrums? Do you want to suppress yourself?
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Count, if he scolds you, you will scold him back, if you are very angry, you really hit him, and he is not lightly injured, but the reason why you hit him is that he scolded you, and you may go to jail...
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It is not right to hit someone, let alone injure someone, and you have to pay civil and criminal liability.
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Hello, no matter how much you scold you, you hurt someone, and the law will arrest you.
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If someone threatens your life, you are not guilty of accidentally beating you to death. Deliberately doesn't work.
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Record the recording, and then fight, just don't start too hard, and you have a reason to finish.
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Everyone has a simple mind, and sometimes it should be worth understanding if you listen to one-sided words and make abnormal words or deeds, or take the initiative! Everything can be seen from someone else's point of view, which is also called empathy!
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Depending on the degree of injury of the other party, you can be held criminally liable and civil liable for minor injuries or more.
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Possibly, depending on the outcome of the specific injury.
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Hello, you are not in legitimate defense, but deliberately hurting and harming.
There is a reasonable limit to justifiable defense, simply put, if you want him to beat you, in order to protect yourself, to resist and stop him from continuing to violate you. If he doesn't hit you, you're going to stop.
If you suffer minor injuries, you will be placed in administrative detention. Penalty.
Minor injuries are subject to criminal liability.
If it's not very serious, negotiate it, forget it privately, don't beat you and don't know each other, he scolds you for being wrong, but you can't beat him. In the future, I still endure the calm for a while.
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Damage that causes more than minor injury to another person may constitute intentional injury.
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It is not considered a crime, but it has to be taken seriously, and it may be subject to detention and detention.
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Tell you a good way, he scolds you, you scold him, scold him, annoy him, you beat him again, it's okay haha.
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Under Chinese law, you're going to be killed, you're going to be resisting, you know? Do you understand how to take revenge as a ghost?
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He always scolds and can't beat him.
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Whether or not the injured person bears criminal responsibility is based on the conclusion of the forensic department's injury evaluation. If the injury is more than slight, criminal responsibility shall be borne, and if the injury is less than minor, it shall be punished according to the "Public Security Administration Punishment Law" according to the specific circumstances.
1. Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms 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.
2. Article 43 of the "Public Security Administration Punishment Law" Whoever 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 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.
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.
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It's okay to be private, as long as you don't use knives and guns in a fight, you generally won't be criminally responsible. I remember a classmate of mine in high school who was sentenced to several years in prison for stabbing someone with a knife during a fight. As long as you don't use the knife, you should be fine.
Go to the police station to confess guilty. Learn your lesson!
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Actively compensate victims. It is best to ask the parents to come forward to the teacher to coordinate the matter, find the victim's parents, compensate for the economic losses, apologize, and seek understanding. Leniency is also available in case of criminal proceedings. In the future, I will do it myself.
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You put a hundred and twenty hearts, it won't! At most, lose some money, apologize, and the school will give a punishment.
That's it, there is also a sentence that is from thrift to luxury, from luxury to thrift, that is, when you are very poor, suddenly become rich, you will feel very happy, very good, a lot of things you wanted to have before are now available, but when you are used to living such a life, and then go back to live a simple life, you will find that it is very painful, there is nothing, you feel that you can't live anymore, life is like this, but we still have to restrain ourselves, keep a heart, thank you.
Of course you can, Jet Li said that when you are in good shape, you can hit ten or fifteen casually, this is not bragging, boxing champion Ali can fight a few, do you know, then basically go to one to die one, one punch will be KO, Bruce Lee can too, his speed, strength, flexibility, explosive power, not to mention ten, twenty is not a problem, he can first tell a Muay Thai fighter that I want to beat you, and then beat that person all over the ground with one punch.
The happiness you give is not what I want" Liuzhe.
If you make a person sad, you must comfort her, if there is a misunderstanding, it is best to explain it clearly, continue to chat with him if there is a misunderstanding, and then tell him, in fact, you don't want to do this, maybe there is a misunderstanding between us.
Since two people can't get along, there is no need to get along anymore, after all, good friends understand each other and understand each other. >>>More