With regard to the issue of temporary appraisal of minor injuries, the time for appraisal of minor i

The police station's argument is also reasonable. This is because if the provisional appraisal conclusion is a minor injury, it can be handled in accordance with the procedures of a criminal case, but if the final appraisal conclusion is a minor injury due to a change in the injury, then the case should be withdrawn and handled as an administrative case. If you arrest someone at this time, you will be responsible at that time.

Therefore, it is advisable for you to do a formal forensic examination. In fact, you can also judge for yourself that the difference between a minor injury and a minor injury is whether the injured area can be restored to its original state. If you can, it's a minor injury, and if you can't, it's basically a minor injury.

The police station's argument is unjustified. Because if the provisional appraisal conclusion is a minor injury, the final appraisal conclusion should be at least a minor injury, which means that the subsequent appraisal conclusion is a minor injury or serious injury, and it can now be handled in accordance with the procedures of a criminal case. If someone is arrested at this time, his culpability will likely increase at that time, so arrest someone now, and the police station will not make a mistake at that time.

Of course, there is only one situation, the police station will sit on wax, that is, now the forensic identification is wrong, your injury is a minor injury now, and it will not be a minor injury in the future, then the police station will be unlucky.

In similar cases I have seen, the victim's injury assessment needs to be based on the recovery status, and it is usually three months after the injury before the formal evaluation can be made. However, since the police cannot detain a criminal suspect for that long, when the procuratorate is requested to approve the arrest, there will be a provisional forensic opinion stating that the victim's injuries are at least minor, so that the procuratorate will approve the arrest of the suspect.

I don't know what you mean by the forensic provisional examination. If it may constitute a minor injury, even if the police arrest someone, the procuratorate will not be able to approve the arrest, and the suspect will not be detained for too long. (Public security criminal detention of criminal suspects:

Up to seven days for a single case and up to one month for multiple or multiple cases).

An official certificate of expertise is required.

That's fine, that's all.

Legal analysis: If it is a criminal case, the appraisal result can be released within 3 days; If it is a civil case, the result will be issued within 160 days.

Legal basis: Provisions of the People's Republic of China on the Handling of Injury Cases by Public Security Organs

Article 18: After public security organs accept injury cases, they shall issue a power of attorney for injury evaluation within 24 hours, informing the victim to go to a designated evaluation body to conduct an injury evaluation.

Article 19: Where there is the capacity to conduct an immediate injury evaluation on the basis of the standards for personal injury evaluations promulgated by relevant state departments, the victim's injuries at the time, and the hospital's diagnosis certificate, the public security organs' evaluation bodies shall submit an evaluation opinion within 24 hours of being retained, and issue an evaluation document within 3 days. Where the injuries are more complex and there is no capacity for immediate evaluation, an evaluation opinion shall be submitted and an evaluation document shall be issued within 7 days of being retained. Where the function of tissues or organs is affected or the injury is complex, and it is difficult to conduct an evaluation for the time being, an evaluation opinion is to be submitted in a timely manner after the injury is stabilized, and an evaluation document is to be issued.

As far as forensic medical evaluation is concerned, if the disability evaluation is done, we require the injured person to be evaluated three months after the injury, and the medical functional recovery period is generally considered to be three months. If it is an injury appraisal that may constitute a serious injury, it is also necessary to make an appraisal three times after the injury, because serious injuries are generally determined by functional impairment;

If it is not possible to constitute a serious injury, after the injury is stabilized, the identification before full recovery, especially the identification of minor injuries, and the identification immediately after the injury, because of the short recovery time and good recovery effect of this injury, too late identification is very detrimental to the injured person.

Of course, disability appraisal and serious injury appraisal can also be done as soon as possible, even if it is impossible to issue an appraisal conclusion immediately, at least the forensic doctor can obtain evidence and file it as soon as possible. If the time after the injury is too long, of course, it can also be identified, but such an appraisal is good for recovery and is not conducive to the expected appraisal results of the injured person; In addition, if it is used in litigation, it is difficult to obtain evidence of the injury process.

1. What are the steps for minor injury identification?

1. Report the case in a timely manner. On the basis of the scope of jurisdiction of the case, report the case to the corresponding departments such as the public, procuratorate, and judicial departments, and determine the entrusting unit for conducting forensic evaluations.

2. Go to the hospital for diagnosis and treatment in time. After reporting the case or when the condition is urgent, you should go to the nearest hospital in time to diagnose the injury and take necessary rescue measures. Properly keep the medical records and auxiliary examination results written by the doctor during the diagnosis and treatment, such as X-ray and CT reports.

3. Conduct forensic appraisal in a timely manner. Get in touch with forensic appraisal institutions or departments as soon as possible, such as the public, procuratorate, and judicial organs, as well as the forensic outpatient clinics and judicial hospitals entrusted by them.

2. How does the law punish minor injuries?

Article 234 of the Criminal Law [Crime of Intentional Injury] Whoever intentionally harms another person's body (minor injury) shall be sentenced to up to three years imprisonment, short-term detention or controlled release.

Article 9 of the Law on Public Security Administration Punishments.

The public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, where the circumstances are relatively minor (less than minor injuries). Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.

Article 43.

Those who assault others, or intentionally injure others (do not agree to mediation), 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.

1. Ganging 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. Assaulting or injuring others multiple times, or beating or injuring multiple people at one time.

Criteria for the Identification of the Degree of Human Injury:

1. Identification timing.

2. 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, the evaluation is to be conducted after the injury is stabilized.

3. Where appearance damage or tissue and organ dysfunction is the main basis for evaluation, the evaluation is to be conducted 90 days after the injury; In special circumstances, an appraisal opinion can be issued based on the primary injury and its complications, but the possible sequelae must be explained, and if necessary, a re-examination and supplementary appraisal should be conducted.

4. Difficult and complex injuries should be identified after the clinical end or the injury is stable.

1. Time limits for forensic evaluation of minor injuries.

1. After calling the police, the hospital designated by the police will conduct an injury appraisal, and determine the minor injury according to the injury appraisal.

2. There is no time limit for the evaluation, but generally within three days after the case occurs, the public security organ should entrust the relevant agency to conduct an evaluation of whether the injury is minor.

2. The process of minor injury identification.

1. Report the case in a timely manner. After personal injury, if the condition permits, if it does not affect the life of the injured person or in the future, it can be reported to the corresponding departments such as the public, procuratorate, and legal departments according to the jurisdiction of the case. This will allow the department to have a rough impression of the injury, and at the same time determine the entrusting unit for future forensic evaluation.

2. Go to the hospital for diagnosis and treatment in time. After a personal injury occurs, after reporting the case or when the condition is urgent, you should promptly go to the nearest hospital to diagnose the injury and take necessary rescue measures. The injured person's medical records and auxiliary examinations written by the doctor during the diagnosis and treatment.

For example, the results of X-ray and CT reports should be properly kept.

3. Preserve and fix the damage. CT, B-ultrasound, X-ray, etc. can be used to preserve and fix the injury. Where there is capacity, methods such as photography and video recording may also be used to preserve and fix injuries.

4. Conduct forensic appraisal in a timely manner. It is safer to contact the forensic authority or department as early as possible to agree on specific identification matters. At present, the organs or departments that conduct forensic evaluations include: the public, the procuratorate, and the judicial organs, as well as the forensic outpatient clinics and judicial hospitals entrusted by them.

If it is identified as a minor injury, the public security bureau can file a case, and if the case is not filed, the party can file a private prosecution, and an exception can also file a lawsuit for infringement.

Forensic evaluation, for the identification of minor and serious injuries, is based on the injuries at the time of the injury, not on the final condition after the injury.

Legal analysis: If a party is not satisfied with the disability assessment by itself or the other party, it shall provide corresponding reasons in accordance with the provisions of laws and regulations, and if the reasons are sufficient, it may request a new appraisal or supplementary appraisal. Where the person suspected of violating the law or the victim of the violation has objections to the appraisal opinion, they may submit an application for a new appraisal within three days of receiving a copy of the appraisal opinion, and after approval by a public security organ at the county level or above, a new appraisal is to be conducted.

The re-evaluation of the same matter in the same administrative case is limited to one time.

Legal basis: "Provisions on Procedures for Public Security Organs Handling Administrative Cases" Article 81: People's police handling cases shall conduct a review of evaluation opinions. The public security organs shall send a copy of the appraisal opinion to the suspect or victim within 5 days of receiving the appraisal opinion for use as evidence.

Where a diagnosis certificate issued by a medical establishment is the basis for the public security organs' determination of the degree of physical injury, the suspect and the victim shall be informed in writing of the conclusion of the diagnosis certificate. Where the suspect or victim of the violation has objections to the evaluation opinion, they may submit an application for a new evaluation within 3 days of receiving a copy of the evaluation opinion, and a new evaluation is to be conducted after approval by a public security organ at the county level or above. The re-evaluation of the same matter in the same administrative case is limited to one time.

Whether or not a party applies for a new appraisal does not affect the normal handling of the case. When the public security organs find it necessary, they may also directly decide to make a new evaluation.

Minor injuries are identified immediately after the injury. After minor injuries are caused, the police shall be reported to the police, and the public security bureau 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 injury evaluation.

Minor injuries refer to injuries that cause damage to a person's limbs or appearance, partial impairment of hearing, vision or other organ functions, or other injuries that are moderately harmful to human health, including minor injuries of the first degree and minor injuries of the second degree.

Minor injuries are classified as minor injuries (1st degree) and minor injuries (2nd degree). Minor injury level 1 refers to the primary injury caused by various injury factors or complications caused by the primary injury, which is not life-threatening; Moderate damage to the structure and function of the remaining tissues and organs, or significant impact on appearance. Minor injury level 2 refers to the primary injury caused by various injury factors or complications caused by the primary injury, which is not life-threatening; The structure and function of the remaining tissues and organs are mildly damaged or affect the appearance.

If it is found that the injury is minor or serious, the perpetrator constitutes a crime, and according to the provisions of article 384 of the Criminal Law of the People's Republic of China, 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. Minor injury cases are not a separate type of case under the Criminal Code, they are actually part of the case of intentional injury. There are four possible consequences of intentional harm:

Minor injuries, minor injuries, serious injuries, death.

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 1. Where the person entitled to compensation sues the person with the right to compensation to compensate for material or moral damages due to the infringement of life, body, or health, the people's court shall accept it.

"Compensation obligor" as used in this article refers to natural persons, legal persons, or unincorporated organizations that shall bear civil liability in accordance with law for their own or others' tortious acts or other causes of harm.