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If it constitutes a minor injury, it is an intentional injury, you can go to the police station to report the case, and the public security organ will intervene in the investigation and collect evidence, which will be beneficial to you.
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This should be considered an external injury.
But if you want it to be intentional harm, it's possible.
See what you say.
For example, if the man pushes your sister, then his intention, or his motive, is to make your sister get out of the way.
It can also be said that his action can already be judged as taking the initiative to do it to your sister.
And the immediate consequence is your sister's injury.
It can be said that he intended to harm.
It depends on whether your lawyer can say it.
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This is the crime of intentional injury.
Civil liability as well as criminal liability can be pursued.
However, minor injuries can be filed with the court for exemption from criminal liability or privately.
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1. Whether the injury is minor is not your own opinion, there must be a judicial appraisal, 2. Even if it is a minor injury, it is also a private prosecution rather than a public prosecution, and besides, it is difficult to convict the testimony of the person who sold the bamboo (even if it is recorded), because the effect is small in terms of the probability of the evidence; 3. Your sister's loss can be resolved through a civil lawsuit.
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I'm afraid it's not a deliberate injury.
But he will definitely pay compensation.
Hospital examination and witness it.
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1. A lumbar pink fracture must constitute a minor injury, but it must be identified. To investigate the criminal responsibility of the other party, the key is to look at the evidence.
2. If your sister's statement was pushed by the other party, other evidence (mainly witness testimony) can also corroborate it, and if the evidence is consistent, even if the other party does not admit it, it can be convicted.
3. For minor injury cases, the law provides that mediation is possible, if both parties agree to mediate, and the other party gives your sister compensation, your sister can request that the other party not be investigated for criminal responsibility; If you can be convicted and mediation fails, or your sister does not agree to mediation, your sister can ask the public security organ to file a case for investigation and investigation and investigate the other party's criminal responsibility, and if the public security organ does not file a case, your sister can file a complaint with the procuratorate, and the procuratorate will supervise it, or she can directly prosecute the court and ask the court to investigate the other party's criminal responsibility and award the other party compensation.
4. If the evidence is not in place, it is best for your sister to agree to mediation, but no matter what, the other party will have to compensate. If the mediation is not good and the other party refuses to compensate, your sister can file a civil lawsuit with the court to demand compensation from the other party.
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Legal Analysis: There must be acts that harm the body of others. Actions that harm the body of others can take the form of either positive or negative omissions.
The former such as punching and kicking, slashing, smashing, smashing, boiling water, etc.; If the nanny who has the responsibility to protect the child is irresponsible, and sees the child poking a knife on the body and still does not care, and as a result, the child stabs himself blind, which can be considered as a crime of intentional injury. It can be carried out by oneself, or by using others such as minors and mentally ill people, and can also be carried out by using domesticated animals such as poisonous snakes and wolf dogs. It can not only target the appearance of the human body, causing the mutilation of external tissues or the destruction of appearance, but also target the interior of the human body, causing the destruction of internal tissues and organs, and hinder its normal functional activities.
In short, whether it is carried out directly or indirectly; No matter what part is targeted or what method is adopted, as long as it is intentional and can cause harm to the personal health of others, the crime of intentional injury can be constituted.
Legal basis: 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 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 the death of a person in Qin Gao Town or causes serious injury to 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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In the case of intentional injury committed by a co-owner, it is determined that two or more persons, out of common intent to injure others, jointly committed an act of harming the body of another person. The perpetrator of the crime of intentional injury shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
[Legal basis].
Article 25 of the Criminal Law refers to two or more persons committing a joint intentional crime. Where two or more persons commit a crime of joint negligence, it is not to be treated as a joint crime; Those who shall bear criminal responsibility are to be punished separately according to the crimes they committed. Article 234:Whoever intentionally covers potatoes and injures the body of others 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.
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The determination of common intent of intentional injury is: In terms of the severity of the result, the crime of intentional injury has three forms, namely, minor injury, serious injury, or death of Zen Muga. If no injuries have been inflicted more than minor injuries, if the damage level has been reached or the level has been reached, the injuries are minor, the crime cannot be punished.
A joint crime is when two or more people commit a joint intentional crime. To constitute a joint crime, it is necessary to have both the subjective intent to commit a joint crime and the objective act of joint crime.
[Legal basis].Article 234 of the Criminal Law.
It stipulates that 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. if serious injury is caused, the sentence shall be 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. Minor injuries must be made by the public security organs based on the evaluation of the injuries, not on the subjective judgment of ordinary people. Resistant and.
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