Whether a minor injury to a broken nose constitutes a criminal offense

If the evaluation results are minor, the public security organs shall file a case for investigation and pursue the criminal responsibility of the beater. If the public security organ refuses to file a case, it may file a private criminal prosecution in the people's court and demand that the perpetrator be investigated for criminal responsibility. Regardless of whether it is a public prosecution or a private prosecution, an attached civil lawsuit can be filed at the same time to demand compensation for medical expenses and other expenses from the other party.

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.

The scope of civil compensation is based on 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, etc.

1. Both parties to the brawl have the intention to harm the other party, so there is no justifiable defense.

2. Whether criminal liability is constituted is subject to forensic evaluation. If the other party is identified as a minor injury, it can constitute the crime of intentional injury, and if it is a minor injury, it is civil compensation. You can also conduct an injury appraisal, and if it also constitutes a minor injury, you can also pursue the criminal liability of the other party, and you can ask the other party for compensation for the minor injury.

3. If it constitutes a crime, the contract can be terminated, because the Labor Contract Law has relevant provisions.

Labor Contract Law

Article 39 An employer may terminate a labor contract under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

1. A fracture of the nasal bridge is a minor injury. Minor injuries are the starting point for the crime of intentional injury, so it should constitute a crime.

2. It is recommended to actively negotiate with the other party to strive for a settlement, and at the same time submit an application for release on guarantee pending further investigation to the public security organs.

The brawl itself is civil. Escalation is not justifiable defense. At best, it is a civil dispute event. Mediation through the police station is sufficient. As for the hospital, it should not be involved in such a matter.

If you go to a law firm, some places seem to be free.

A broken nose bridge is not considered a minor injury, and according to relevant regulations, a broken nose bone is a minor injury, and the beater's behavior is illegal but does not constitute a crime and does not require a sentence. According to the provisions of the relevant laws of the state, those who injure others and cause minor injuries shall be punished by public security. Anyone who assaults or intentionally injures another person will be sentenced to 5 to 10 days of detention and a fine of not more than 500 yuan.

If the circumstances are minor, they shall be detained for not more than five days and fined not more than 500 yuan.

Legal Analysis] According to the relevant regulations, a broken nose bone is a minor injury and does not constitute a minor injury, so it does not belong to the crime of intentional injury, so the punishment standard for patting the trembling god is public security detention or punishment for damages. It is also necessary to compensate the victim for certain medical expenses, nursing expenses, lost work expenses, hospitalization subsidies, and so on. If it is more than minor injuries and the constitutive elements of the crime are met, then it is the crime of intentional injury, and the perpetrator must be sentenced in accordance with law.

Generally, those who commit this crime and cause more than minor injuries to others will be sentenced to fixed-term imprisonment of not more than three years, short-term detention or public surveillance. If it causes serious injury to the other party, it will be sentenced to three to ten years in prison. If it causes death or serious disability, the offender can be sentenced to more than 10 years in prison, life imprisonment or the death penalty.

However, if there is remorse after committing the crime and the victim forgives him, the sentence may be reduced or a suspended sentence may be given depending on the circumstances of the crime. Therefore, don't hurt others, and in the end cause others to be injured and go to jail, it is harmful to others and yourself.

[Legal basis].Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments: Whoever assaults another person, or intentionally harms the body of another person, is to be detained for not less than 5 days but not more than 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. 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) Gang beating or injuring 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.

A broken nose is generally not sentenced. According to the relevant provisions of China's "Standards for the Appraisal of the Degree of Human Injury", the broken sail hunger from the nose is a minor injury, which does not constitute the crime of intentional injury, so it will not be sentenced; However, his act of intentionally injuring the body of others is still an illegal act, and he shall be detained for 5-10 days and fined 2-500 yuan in accordance with the law; In the case of relatively minor circumstances, they are to be detained for up to 5 days or fined up to 500 RMB.

Article 43 of the Law on Public Security Administration Punishments.

A nose fracture is not a minor injury, but a minor injury, as follows: The new "Criteria for Appraisal of the Degree of Human Injury" came into force on January 1, 2014. According to the standard, a broken nose is a minor injury to the stool hand, and the penalty standard is public security detention or a fine.

In the old classification standard, a broken nose was a minor injury, and the sentencing standard was a fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

If the nose fracture is only a simple and minor fissure fracture without crushing, it is considered a minor injury, not a minor injury, and will be punished in accordance with the public security administration punishment regulations. If a broken nose is considered a minor injury, it constitutes a crime and will be investigated for criminal responsibility, detention or even sentencing.

Criminal Law of the People's Republic of China

The second hundred and thirty-four points are guessed.

Whoever intentionally injures the body of another person with a rough shape is to 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 shall be sentenced to fixed-term imprisonment of not more than three years or 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.