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Minor injuries are criminal prosecution cases, and the victim can report to the police.
Article 234 of the Criminal Law of the People's Republic of China stipulates that the act of intentionally and unlawfully harming the body of another person is the crime of intentional injury.
Article 234:Whoever intentionally injures 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.
Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Where a victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.
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But since it has been settled, the money has also been lost, and the court will not pay much even if he wins again, after all, it is a minor injury.
If the court finds that the amount of compensation is sufficient, it may not support the other party's claim, then you will have nothing to do.
In addition, if the amount of compensation requested by the other party is relatively large, and you are not sure that you will win the lawsuit, it is better to hire a lawyer.
Good luck.
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You have already given the money, so has the mediation been successful, and have the parties signed a mediation letter? Or did you pay the medical bills in advance? In this case, it is unlikely that the other party will be held criminally responsible, if you insist on pursuing it, whether it is a private prosecution or a public prosecution, it is unlikely that the actual sentence will be imposed, and the court or procuratorate will mediate again, and the compensation of 50,000 yuan for minor injury cases is not low, and the mediation should be successful, even if the mediation fails, because you are willing to compensate for the loss and have actually paid the loss, so you will be sentenced to probation, do not be too nervous.
There is also a nasal bridge fracture that generally does not constitute a minor injury, and in my memory, only a comminuted fracture of the nasal bridge or a dislocation after the nasal bridge fracture constitutes a minor injury, has the other party done an appraisal? Have you seen the testimonial?
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Legal Analysis: Compensation for Minor Injuries: If a person is physically injured, he shall be compensated for expenses such as medical treatment, lost work, nursing, transportation, accommodation, food allowance during hospitalization, and necessary nutrition.
Minor injuries are not injuries that cause disability or death, do not reach the level of minor injuries or above, but are only injuries of abrasions. Respect for the potato.
Legal basis: Criminal Law of the People's Republic of China Article 234 Whoever intentionally injures 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 to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, or where serious injury is caused by especially cruel means, or serious disability, the sentence is to be 10 or more years imprisonment, life imprisonment or death. Where there are other provisions in this Law, follow those provisions.
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1. How to compensate for forensic evaluations that do not constitute minor injuries.
After the evaluation of the injuries, if the injuries are minor, or more, the perpetrator of the assault shall be held criminally responsible; If it is identified as a minor injury or less, it mainly refers to an injury below a minor injury, it is generally an administrative punishment. As for the specific compensation in civil terms, it depends on the actual injury and the negotiation between the two parties.
2. How much does it cost to identify minor injuries?
1) 300 700 cases of injury degree appraisal only involve the appraisal of the degree of injury on the body surface, 300 yuan per case. Including biopsy and liveness;
2) 1000 cases of injury and illness relationship appraisal;
3) Disability degree assessment case 700 includes biopsy and liveviography;
4) 1,500 cases of fraud and injury identification;
5) Medical Dispute Appraisal Case 4300;
6) Appraisal of labor ability 700;
7) 800 cases of living age identification;
8) Male sexual function assessment case 700;
9) Auditory function assessment case 700;
10) Visual function assessment example 700.
The above appraisal does not include the cost of medical auxiliary examinations.
3. Scope of compensation for minor injuries.
If the injured party files a claim for compensation, the court shall award the defendant a percentage of the costs according to the circumstances of the dispute.
1) Compensation for lost work: Compensation is calculated according to the victim's basic wage standard for the previous month (the labor and personnel department of the unit where the enterprise employee is located, the local tax department provides the tax declaration amount for individual industrial and commercial households, and the unemployed person is collected according to the average annual income of the National Bureau of Statistics in the previous year);
2) Medical Closure Expenses: The amount of compensation is to be determined on the basis of the medical records and receipts for medical expenses issued by the victim's local hospital at or above the county level.
3) Compensation (this is not an accurate concept): If it is a minor injury, there is basically no compensation fee, and if it is a serious injury that causes disability, compensation shall be implemented according to the disability compensation standard according to the appraisal conclusion of the disability appraisal committee where the victim is located. If a prosthesis or assistive device (wheelchair, etc.) is required, the defendant shall be compensated according to the severity of the liability determined by the court.
4) Nursing fee: The local hospital at or above the county level shall issue a certificate of the patient's need for nursing care and provide the time limit for the need for nursing, and then calculate it according to the average daily income of the actual nursing person multiplied by the number of nursing days.
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The legal provisions for sentencing minor injuries are as follows:
1. The sentence is up to three years imprisonment, short-term detention or controlled release. For minor injuries of the first degree, the sentencing standard is one to two years, and generally one and a half years or so may be selected, and the sentence may be increased or decreased in combination with other sentencing circumstances;
2. Investigate the civil liability of the perpetrators. You may be required to compensate for medical expenses, lost work expenses, nursing expenses, nutrition expenses, food subsidies, transportation expenses, accommodation expenses, follow-up expenses, disability assistive device expenses, mental injury solace funds, disability compensation, child support, etc. The specific level of disability is subject to appraisal.
1. The sentencing standards for minor injuries are as follows:
1. Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB, and where the circumstances are more minor, are to be detained for up to 5 days or fined up to 500 RMB;
2. 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.
2. The legal provisions for the crime of intentional injury are as follows:
1. Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release;
2. Whoever commits the crime described in the preceding paragraph and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;
3. 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.
To sum up, a citizen who has already suffered minor injuries and the injuries are not caused by his own reasons may file a criminal litigation request with the court on the grounds of intentional injury, and after accepting the request, the court needs to determine whether and how to sentence the defendant in light of the injury evaluation documents and other materials submitted by the plaintiff.
Legal basis
Criminal Law of the People's Republic of China
Article 234: [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 and causes 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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