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Yes, but only if you have all three of the following:
1. The criminal suspect (perpetrator) must admit guilt. That is, a guilty plea is required. This is the first condition of the criminal reconciliation process, and it is also a channel for both parties to dredge emotional blockages, and if the criminal suspect does not admit guilt, reconciliation cannot be carried out.
2. The settlement is voluntary. In general, the victim's willingness is essential, but in the vast majority of cases, the perpetrator's willingness is also required.
3. The application of criminal settlement must comply with the provisions of Article 277 (Scope of Application of Settlement Agreement) of the Criminal Procedure Law of China, namely:
In the following public prosecution cases, where the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through methods such as compensating the victim for losses or making formal apologies, and the victim voluntarily settles, both parties may settle.
1) Cases arising from civil disputes that are suspected of crimes provided for in chapters 4 and 5 of the Criminal Law's special provisions, and might be sentenced to up to three years imprisonment;
2) Cases of crimes of negligence other than crimes of dereliction of duty that might be sentenced to up to 7 years imprisonment. Where criminal suspects or defendants have intentionally committed crimes within 5 years, the procedures provided for in this chapter do not apply.
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If a hand or foot is cut off, it should be a serious injury, this is a criminal prosecution case, there is no reconciliation between the two parties, and the criminal responsibility of the criminal must be investigated in accordance with the law. However, if the criminal suspect can actively compensate and can obtain the victim's forgiveness, he may be given a lenient punishment as appropriate.
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No, you are already a criminal case of malicious injury, **In order to solve the case, you must arrest and deal with it, not if you want to reconcile, you can reconcile.
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Both were chopped off at the same time? Isn't there a precedence! Can you still cut it if you are chopped? How was the latter one cut, if it is a criminal case, it cannot be settled privately, and the settlement must be negotiated after the court has sentenced it.
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No, civil disputes can be settled.
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Legal analysis: If someone is slashed and slightly injured, the other party is already suspected of the crime of intentional injury and should be investigated for criminal responsibility. In terms of civil compensation, the victim can directly negotiate compensation with the other party, or can make criminal settlement compensation under the auspices of the judicial organ.
If negotiation or settlement fails, the victim may take turns to file a civil lawsuit attached to the criminal case to claim compensation. The main items that the victim can claim compensation are: medical expenses, lost work expenses, nursing expenses, nutrition expenses, transportation expenses, hospital meal subsidies, etc., if the two parties settle, the specific amount of compensation can be determined by the two parties through negotiation on this basis.
Legal basis: Criminal Procedure Law of the People's Republic of China, Article 278: Where both parties settle, the public security organs, people's procuratorates, and people's courts shall hear the opinions of the parties and other relevant persons, conduct a review of the voluntariness and legality of the settlement, and preside over the drafting of a settlement agreement. Ravul.
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Cutting off a person's hands and feet is punishable by imprisonment for not less than 10 years, life imprisonment or death. The victim's hand was severed in the fight, and according to the "Criteria for Evaluating the Degree of Human Injury", the cumulative loss of hand function reached 36% of the first-hand function. Therefore, if the victim's hands cannot be replanted, or even if the replantation results in the loss of more than 36 per cent of the function of the hand, it constitutes serious injury of the second degree.
Anyone who intentionally injures another person and causes serious injury to another person shall be investigated for criminal responsibility in accordance with Article 234 of the Criminal Law and shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. If the people's court finds at trial that the criminal suspect has caused serious injury by particularly cruel means, causing the victim to be disabled, the sentence for infiltration is the same as that for intentional injury causing death, and the sentence is to be 10 years or more imprisonment, life imprisonment, or death.
Article 2 of the Criminal Law of the People's Republic of China, Article 134, 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 and causes serious injury is to be sentenced to fixed-term imprisonment of not less than three years but not more than 10 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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Summary. Hello. We'll be happy to answer your questions. No matter which party provokes the quarrel, the one who almost broke his hand can demand compensation from the other party and prosecute the crime of intentional injury.
Of course, in the quarrel between the two people, which one makes the first move, is the one who loses the most.
What is the sin of two people arguing and the other party cutting off the other's hand almost severely?
Hello. I'm Mu'er, and I'm sincere in answering your questions. The issue is ongoing, please wait.
You have a good reputation for your mausoleum. Makoma means to answer for you. No matter which party provokes the quarrel, the one who almost broke the hand can demand compensation from the other party and prosecute the crime of intentional injury.
Of course, in the quarrel between the two people, which one makes the first move, is the one who loses the most.
Therefore, this crime of intentional injury depends on the circumstances.
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Someone else took a knife to cut me on suspicion of intentional injury. where minor injuries are caused, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given; where serious injury is caused, a sentence of between three and ten years imprisonment is to be given; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Article 23 of the Criminal Law: An attempt to commit a crime is an attempt to commit a crime if the crime has already been committed, but the crime is not succeeded due to reasons other than the will of the criminal. For those who fail to stop the Sui Sakura and commit a simple cong, the punishment may be mitigated or commuted by comparison with the completed offense. Article 232:Whoever intentionally kills a person shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment. Clan Mountain.
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It depends on the injury, if it is a minor injury, it is a criminal case.
1. In cases of intentional injury, the first thing to do is to conduct an injury appraisal and punish according to the conclusion of the injury. Where the injury is slight, a public security punishment is to be given, and if the injury is more than minor, it is to be punished as the crime of intentional injury. 2. At the same time, the criminal suspect shall bear civil liability for compensation.
The law stipulates that: 1. Article 43 of the "Public Security Administration Punishment Law": "Whoever assaults another person, or intentionally harms 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.
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. 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 have a quarrel with someone else, it is the other party who makes the first move, and if the other party slashes you three times at this time, the other party is criminally responsible, which is a criminal case.
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If it causes you minor injuries or more, it is a criminal case, and if it does not constitute a minor injury, it is only a public security case.
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I don't know the severity of the three cuts, but this has intentionally constituted the crime of intentional injury, because taking a knife ** is a crime of injury.
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This word constitutes the crime of intentional wounding, intentional injury. It is a criminal case.
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It is suspected of intentional injury and is a criminal case.
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You can go to the police to report the crime. The public security organs shall conduct criminal investigations.
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If two people get into an argument and the other person stabs you three times, it must be a criminal case because the other person has already caused you physical injury.
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Of course, even if he stabbed you three times, it already constituted the crime of intentional injury.
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If two people have an argument over something and the other person stabs their friend three times, this is a criminal case and has already constituted intentional injury.
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If two people have an argument and the other party slashes you three times, this is a criminal case, and the other party's behavior is intentional injury and needs to bear legal responsibility.
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