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Your case depends on the specific circumstances at that time, because criminal cases in my country emphasize evidence over confessions, so the confessions of you, the victims, and the witnesses are not strong evidence. According to you, there is a greater possibility of justifiable or excessive defense. If the procuratorate wants to prosecute you for the crime of intentional injury, it is necessary for the procuratorate to collect evidence, and the benefit of the doubt will be attributed to the defendant, as long as the evidence is insufficient, you will not be convicted of intentional injury, and a suspended sentence is possible.
However, if you and the victim cannot reach a compensation agreement, it cannot be regarded as positive compensation.
By the way, wasn't the victim convicted of robbery when he hijacked your truck?
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1. How serious is the hijacking of your delivery car? Please describe it in detail, what you said is too simple to judge what crime the other party's actions constitute
2. When, where, and under what circumstances did your act of seriously injuring others need to be described in detail, otherwise it is impossible to judge whether it was justified defense and the severity of your circumstances;
3. If you actively negotiate with the other party and are willing to compensate within a reasonable limit, it is positive compensation, not that you must meet the requirements of the other party to be considered positive compensation.
Good luck!
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Your problem is called justifiable defense in the legal sense, there is no doubt about it, but excessive defense is to have the obviously at fault party bear a certain responsibility, you are obviously justified by excessive defense, the obviously at-fault party is not you, there should be no problem, the main thing in court to seize their own advantages, as for the other party's intentional injury, to provide strong and favorable human and physical evidence to refute their wrong words, the victim's family knows very little about the truth of the matter, many people have committed crimes outside, and the family still thinks they are good children, The protection of family members is blind, and the evidence in the legal classroom is the most convincing!
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According to Article 234 of the Criminal Law, if you are slightly injured by the other party, you may be sentenced to up to three years in prison, then it is possible to get a suspended sentence. If it constitutes serious injury to the other party, you may be sentenced to between three and ten years in prison, in which case there is little possibility of a suspended sentence. It is recommended that you go to our law firm to negotiate in person and strive to give you satisfactory results.
Lawyer Xu Yong.
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Hello! Your situation is complicated, such as details, please call.
Lawyer Wang Jian.
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Legal analysis: If a traffic accident occurs due to serious overloading, causing serious injury to more than one person, and the overloaded vehicle bears the main responsibility, it will constitute the crime of causing a traffic accident and bear criminal responsibility.
Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Traffic Accidents and Accidents Article 2 In any of the following circumstances, a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention
1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;
2) Where three or more people are killed, they bear equal responsibility for the accident;
3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more.
Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:
1) Driving a motor vehicle after drinking or taking drugs;
2) Driving a motor vehicle without driving qualifications;
3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;
4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;
5) Driving with serious overload;
6) Fleeing the scene of an accident in order to evade legal prosecution.
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If a traffic accident occurs due to serious overloading, causing serious injury to more than one person, and the overloaded vehicle bears the main responsibility, it will constitute the crime of causing a traffic accident and must bear criminal responsibility.
Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents" Article 2: In any of the following circumstances, a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention of Yu Mintang:
1) Where one person is killed or three or more persons are seriously injured, and the town is responsible for all or the main responsibility;
2) Where three or more people are killed, they bear equal responsibility for the accident;
3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more.
Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:
1) Driving a motor vehicle after drinking or taking drugs;
2) Driving a motor vehicle without driving qualifications;
3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;
4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;
5) Driving with serious overload;
6) Fleeing the scene of an accident in order to evade legal prosecution.
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If a traffic accident occurs due to serious overloading, causing serious injuries to more than one person, and the overloaded vehicle bears the main responsibility, it will constitute the crime of causing a traffic accident and must bear criminal responsibility.
Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents" Article 2: In any of the following circumstances, a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention:
1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;
2) Where three or more people are killed, they bear equal responsibility for the accident;
3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for the amount of 300,000 yuan or more.
Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:
1) Driving a motor vehicle after drinking or taking drugs;
2) Driving a motor vehicle without driving qualifications;
3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;
4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;
5) Driving with serious overload;
6) Fleeing the scene of an accident in order to evade legal prosecution.
Millions of car purchase subsidies.
If the case is now handled as a public security case at the police station, then a case like this is generally mediation, and the compensation is basically determined according to the degree of injury suffered by both parties. If it has risen to the level of a criminal case, then there is a lot of emphasis on evidence, but your friend has an upside and a downside. It is advantageous that they are three people, and they go to your friend's house, and they are direct blood relatives (the strength of their testimony to each other should be discounted); The disadvantage is that after all, there is an old man injured, and your friend has not a single witness evidence. >>>More
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Those who instigate others to commit crimes shall be punished in accordance with the role he played in the joint crime. The so-called role of the instigator in the joint crime refers to the position of the instigator in the joint crime and its actual harm, that is, the methods, means, and degree of instigation of the instigator, the role played by the instigator in completing the joint crime, and the role he played in the commission of the crime instigated. Since the instigator plays a different role in the joint crime, the degree of harm of his conduct is also different, and the punishment should also be different, and those who play a major role in the joint crime should be punished in accordance with the provisions of the Criminal Law on the punishment of the principal offender. >>>More