Why is the domestic violence reported to the police, and the police station does not detain the perp

The police station is not opened by your family, of course they have the right to detain or not! It does not mean that the report must be detained, but it depends on the specific circumstances and factual reasons.

First, the victim should promptly report to the police, and then conduct a forensic medical evaluation, based on the results of which the legal responsibility of the beater is decided.

1. If the injury is slight, the public security organ shall impose a public security penalty on the beater, and bear the victim's medical expenses, lost work expenses, and other expenses.

Article 43 of the Public Security Administration Punishment Law: "Whoever assaults another person, or intentionally injures 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.

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. ”

2. If the evaluation result is a minor injury, 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.

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.

After receiving a report of domestic violence, the public security organs will promptly dispatch the police to stop the domestic violence, investigate and collect evidence in accordance with relevant regulations, and assist the victim in seeking medical treatment and evaluating the injury. Where a person who lacks or has limited capacity for civil conduct is seriously injured as a result of domestic violence, faces a threat to his or her personal safety, or is in a dangerous state such as being left unattended, the public security organs will notify and assist the civil affairs departments in protecting the victim. Where the circumstances of domestic violence are relatively minor, and public security administrative sanctions are not given in accordance with law, the public security organs will give criticism and education to the perpetrator or issue a written warning.

After that, mediation is the main focus, if the mediation is unsuccessful, the beater will be administratively detained or fined in accordance with legal procedures, and if both parties do it, both parties will be punished. Where the perpetrator commits domestic violence and constitutes a violation of the administration of public security, the public security organs will give a public security administrative punishment in accordance with law; where a crime is constituted, criminal responsibility will be pursued in accordance with law.

Legal basisArticle 15 of the Anti-Domestic Violence Law of the People's Republic of China.

After receiving a report of domestic violence, the public security organs shall dispatch the police at the time of congratulatory sales to stop the domestic violence, investigate and collect evidence in accordance with relevant provisions, and assist the victim in seeking medical treatment and evaluating the injury.

Where persons who lack or have limited capacity for civil conduct are seriously injured as a result of domestic violence, face threats to their personal safety, or are in a dangerous state such as being uncared for, the public security organs shall notify and assist the civil affairs departments in placing them in temporary shelters, aid management institutions, or welfare establishments.

Legal Analysis: Useful. Domestic violence, like other crimes, falls under the jurisdiction of the public security organs, and will also be dealt with by the results of the loss, generally minor warnings or detention will be taken, and if it is serious, it will be detained and then sentenced.

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.

Legal basis: Article 43 of the "Public Security Administration Punishment Law of the People's Republic of China" Whoever assaults another person or intentionally injures the body of another person shall be detained for not less than 5 days but not more than 10 days and shall 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) 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.

How to deal with domestic violence after it is reported to the police: The public security organs will promptly dispatch the police to stop the domestic violence, investigate and collect evidence in accordance with relevant regulations, and assist the victim in seeking medical treatment and evaluating the injury. Where the circumstances of domestic violence are relatively minor, and public security administrative sanctions are not given in accordance with law, the public security organs will criticize and educate the perpetrator or issue a written warning to Chi Heng.

Where the circumstances are serious and constitute a crime, investigate in accordance with law, and pursue corresponding criminal responsibility.

Article 13 of the Anti-Domestic Violence Law of the People's Republic of China: Victims of domestic violence and their legally-designated persons and close relatives may make complaints, feedback, or seek assistance from the perpetrator or victim's unit, residents' committee, villagers' committee, women's federation, or other such units. After relevant units receive complaints, feedback, or requests for assistance or assistance from domestic violence, they shall provide assistance and handle it. Article 15 of the "Law of the People's Republic of China on Combating Domestic Violence": After receiving a report of domestic violence, public security organs shall promptly dispatch police to stop domestic violence, investigate and collect evidence in accordance with relevant provisions, and assist victims in seeking medical treatment and evaluating their injuries.

Where persons who lack or have limited capacity for civil conduct are seriously injured as a result of domestic violence, face threats to their personal safety, or are in a dangerous state such as being uncared for, the public security organs shall notify and assist the civil affairs departments in placing them in temporary shelters, aid management institutions, or welfare establishments.

Depending on the situation: 1. Assaulting a family member or intentionally injuring a family member's body, causing minor injuries or more to the victim of domestic violence, shall be sentenced to administrative detention of not less than 5 days but not more than 10 days. 2. Intentionally injuring the body of a family member, causing minor injuries to the victim of domestic violence or above, constitutes the crime of intentional injury, and may be criminally detained for up to 14 days.

Legal Analysis: Domestic violence is reported to the police, and the beater may be detained.

Article 43 of the Public Security Administration Punishment Law: "Whoever assaults another person, or intentionally injures 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.

1) Chain Zhao gangs up to beat or harm others; Hail pins.

2) Assaulting or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60;

3) Assaulting or injuring others multiple times, or assaulting or injuring multiple people at one time.