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The legal handling of mutual assault and fighting is as follows:
1. Where the injuries to each other in a fight are slight, they are generally not punished as a crime, and public security punishments are given;
2. Those who assault others, or intentionally injure others, are to be detained for not less than 5 days but not more than 10 days, and fined between 200 and 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB;
3. Intentionally injuring the body of another person, causing minor injury to one person, constitutes the crime of intentional injury, and the sentence is up to three years. and where serious injury is caused, the sentence is between three and ten years.
Law of the People's Republic of China on Public Security Administration Punishments
Article 9. Where the circumstances are relatively minor, the public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes. Where the public security organs mediate and the parties reach an agreement, punishment is not to be given.
Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.
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1. The legal handling of mutual assault and fight is as follows:
1) Where a fight causes more than minor injury, the crime of intentional injury is constituted, and criminal responsibility shall be pursued and a sentence of up to three years imprisonment, short-term detention or controlled release shall be given;
2) Whoever causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;
3) Where a fight causes minor injuries, a public security penalty shall be given, and a detention of not less than 5 days but not more than 10 days shall be imposed, and a fine of not less than 200 yuan but not more than 500 yuan shall be imposed.
2. Legal basis: Article 234 of the Criminal Law of the People's Republic of China.
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.
Article 234-1.
Crime of organizing the sale of human organs] Whoever organizes others to sell human organs is sentenced to up to five years imprisonment and a concurrent fine; where the circumstances are serious, a sentence of five or more years imprisonment and a concurrent fine or confiscation of property is to be given.
the crime of intentional injury; Intentional homicide] Whoever harvests his or her organs without his consent, or from a person under the age of 18, or compels or deceives others to donate his or her organs, is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.
Crimes of Theft, Insult, or Intentional Destruction of Corpses] Whoever removes organs from his or her corpse against his or her prior wishes, or who does not give his consent before his death, violates state regulations, or removes his corpse organs against the wishes of his close relatives, is to be convicted and punished in accordance with the provisions of Article 302 of this Law.
2. What is the standard of compensation for injuries caused in a fight?
The compensation standards for injuries caused by fighting are as follows:
1. Where a fight causes injury to another person, but has not yet caused disability, medical expenses shall be compensated;
2. If a person is disabled as a result of fighting, he shall also be compensated for the living allowance, self-help equipment and disability compensation of the disabled person, as well as the necessary living expenses of the person who was actually supported by the disabled person before the disabled person became disabled and has no other livelihood.
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Whoever assaults another person, carries the state, 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 is also 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; ganging up to beat or injure others; Assaulting or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; Those who repeatedly assault or injure others, or assault or injure multiple people at a time, are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB
Article 43 of the Public Security Administration Punishment Law: Whoever assaults another person, or intentionally harms another person's body, is to be detained for not less than 5 days but not more than 10 days, and is also 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.
1) Gang up to beat or injure others;
2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;
3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
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Mutual assault fights are handled as follows:
1. Whoever assaults another person, or intentionally injures another person's body, is to be detained for not less than 5 days but not more than 10 days, and fined not less than 200 yuan but not more than 500 yuan;
2. where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB;
3. Whoever beats or injures another person in a group, beats or injures a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 60, beats or injures another person multiple times, or beats or injures multiple people at a time, is to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB.
The constitutive elements of the crime of intentional injury are bodily harm to another person. The constituent elements are as follows:
1. If the object of the act is another person's body and injures one's own body, the crime of intentional injury is not established, and the act of self-injury violates the legal interests of the state or society, violates relevant laws, and may constitute other crimes. For example, soldiers injure themselves in wartime in order to escape military obligations. Other people's bodies do not include prosthetics, wigs, and dentures, but artificial bones, inlaid teeth, which have become part of the body, are also part of the body.
The act of destroying a corpse does not constitute the crime of intentional injury. For the same reason, harming the body of the fetus does not constitute this crime.
2. The content of the act is to harm the body of others, and harm, generally refers to the act of illegally harming the physical health of others.
Where an act of harm may be an act or an omission that causes injury by omission constitutes the crime of intentional injury, the perpetrator is required to have a specific duty to protect the physical health of the person, and his obligation shall be determined in accordance with the general principle of the obligation to commit a crime. Harmful acts can be both tangible and intangible. The former is such as using violent beatings, ** and other methods to cause injury, and the latter is such as intentionally infecting a person with a serious illness by means of sexual acts, deceiving the victim into taking poison and causing physical impairment, and causing the victim to be seriously mentally disturbed by coercion and other methods.
[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 up to beat or injure others;
2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;
3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
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Summary. Hello <>
How to deal with the law of mutual assault and fighting: if the act of fighting is minor, it will be regarded as a minor public security violation, and if the act of fighting is more serious, it may be transferred to the judicial organ for handling.
How to deal with the law of mutual assault and fighting
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Pro, how to deal with the law of mutual beating and spine fighting: if the act of fighting is minor, it will be regarded as a minor public security violation, and if the act of beating and fighting is more serious, it may be transferred to the judicial organ for processing.
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In the case of mutual assault and fighting, the judicial organ will generally determine the nature of the criminal act and the charges according to the severity of the case, and convict and sentence it in accordance with the relevant laws and regulations. <>
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If the limb is involved in a case of minor or serious injury, it will be convicted of the crime of smiling and hurting. If a dangerous ** is used during a fight, it will be convicted of intentional injury or dangerous driving posture. <>
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Summary. Hello dear! The legal handling of mutual assault and fighting is that the injuries are minor and do not constitute minor injuries, and are generally not punished as crimes.
However, in violation of the "Public Security Administration Regulations", the public security organs may, at their discretion, admonish, fine, or even detain for public security for up to 15 days. If it does not constitute a minor injury, and the other circumstances are heinous, it can also be convicted and sentenced. Whoever commits any of the following acts of picking quarrels and provoking trouble, disrupting social order, is to be sentenced to up to 5 years imprisonment, short-term detention, or controlled release
Arbitrarily assaulting others, where the circumstances are heinous, arbitrarily assaulting others, causing one or more minor injuries or three or more minor injuries.
Hello dear! The legal handling of mutual assault and fight is that the injuries are minor and do not constitute minor injuries at the source, and are generally not punished as crimes. However, in violation of the "Public Security Administration Regulations", the public security organs may, at their discretion, admonish, fine, or even detain them for up to 15 days.
If it does not constitute a minor injury, and the other circumstances are heinous, it can also be convicted and sentenced. Whoever commits any of the following acts of picking quarrels and provoking troubles, disrupting social order, is to be sentenced to up to 5 years imprisonment, short-term detention, or controlled release: Arbitrarily beating others with heinous circumstances, causing one or more minor injuries or three or more minor injuries.
Fighting each other is an illegal act, and according to the provisions of China's "Public Security Administration Punishment Law", the perpetrator may face detention, fines or administrative detention. If the fight involves minor injuries, serious injuries, death, etc., it is a criminal offense, and according to the provisions of China's Criminal Law, the perpetrator will face different criminal punishments, including fixed-term imprisonment, life imprisonment, death by stool collision, etc. In addition, fighting each other can also lead to civil compensation disputes, where the party who caused property damage or personal injury can file a civil lawsuit against the other party for compensation.
Dear, can you tell us more about your case?
Are you injured?
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Where the injuries are minor and do not constitute minor injuries, they are generally not to be treated as crimes. However, in violation of the "Public Security Administration Regulations", the public security organs may, at their discretion, admonish, fine, or even detain for public security for up to 15 days. If it does not constitute a minor injury, and the other circumstances are heinous, it can also be convicted and sentenced.
Those who engage in acts of picking quarrels and provoking troubles, disrupting social order, are to be sentenced to up to 5 years imprisonment, short-term detention or controlled release. What do you do if two people fight each other? Dispute--- fight--- call the police--- police station to --- the scene to understand the situation, register the names of both parties and the surrounding area, look for evidence--- bring it back to the police station to --- verify, call brother, --- is seriously injured, go to see a doctor by yourself first--- some are not local household registration personnel, may be accompanied by the police throughout the whole process---, pay for the medicine, pay for the medicine---, and conduct formal inquiries on both sides (both are audio and video) -- At the same time, confirm whether the case is accepted and disposed of within 8 hours--- if the time is not enough, extend it to 24 hours--- according to the actual situation of Zheng Feng, see whether it can mediate, ---inform the record (that is, what kind of violation the party's behavior constitutes and how it may be punished) - report to the higher authorities for approval--- detention, fine, --- sent to the detention center.
Because the circumstances of each specific case are different, the provisions of the law are relatively general, and the specific case analysis shows that the same behavior may have different results under different motives and ideas of different people.
Legal basis: Article 234 of the Criminal Law of the People's Republic of China provides that whoever intentionally harms 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 the person in the dust key, 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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