If two people clash and slap each other, will the other party be sentenced?

Updated on society 2024-07-07
10 answers
  1. Anonymous users2024-02-12

    If the slap causes serious harm to the other party, then it will definitely be sentenced. There is no one positive statement about this, mainly depending on the damage caused by this slap to the other party. If the slap does not cause serious harm to the other party, it will usually be resolved after mediation by the public security organs, and at most it will be a few days of detention or some compensation.

    In the process of conflict between two people, it is necessary to see who is the first to act on both sides of the conflict and who provokes the incident first, so that the police can judge the ins and outs of the matter. If the other party attacks itself first and has to take self-defense to protect itself, and as a result, it causes some damage to the other party, then it is legitimate defense.

    1. Slapping the other party and causing a relatively minor injury The consequences of slapping the other party are not the same, and if it causes a relatively minor injury, most of them will not be sentenced, and the public security organs will come forward to mediate. After all, fighting is an act that disrupts social order, and may be subject to some administrative penalties or some civil claims, and will not involve criminal offences. So, don't worry too much about the slap that will lead to a sentencing.

    2. Slapping the other party and causing serious injuries If the slap is relatively brittle and directly causes serious injuries or death, then this will definitely rise to a criminal case, and it is not a problem that can be solved by the public security organs through mediation. In this case, the slap may be punishable by a sentence such as intentional injury, manslaughter, etc. The severity of the sentence depends mainly on whether the consequences are serious.

    3. Slapping the other party is to protect oneself After two people have a conflict, if one of them poses a threat to the personal safety of the other person, the other person can launch a counterattack, if this slap is a slap in the process of counterattack, then this slap is a legitimate defense act to protect oneself. There is no penalty for such acts.

  2. Anonymous users2024-02-11

    There will be no sentence because the act does not constitute criminal responsibility, but there is a high probability that the person will be detained and will have caused bodily harm to the other party.

  3. Anonymous users2024-02-10

    will not be sentenced, because the slap of the two is just a petty fight, not to the point of sentencing.

  4. Anonymous users2024-02-09

    It will definitely not be sentenced, it is just a slap in the face to the other party, and it has not caused any substantial harm at all, and it may just be taken away for education.

  5. Anonymous users2024-02-08

    A fight between two people is an act of assault against each other, and the act of preventing the crime is justified unless the other party commits the crime with violence. Fights caused by ordinary civil disputes will be mediated, and if mediation fails, punishment will be imposed in accordance with the public security administration punishment regulations.

    According to Article 9 of the "Public Security Administration Punishment Law", 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 circumstances are relatively minor.

    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.

    Public Security Administration Punishment Law

    Article 19: In any of the following circumstances, where violations of the administration of public security are to be given, punishment is commuted or not given:

    1) The circumstances are especially minor;

    2) Actively eliminating or mitigating the consequences of the violation, and obtaining the victim's forgiveness;

    3) Coerced or enticed by others;

    4) Voluntarily surrendering and truthfully stating their illegal conduct to the public security organs;

    5) Those who have made meritorious contributions.

    Article 20: In any of the following circumstances, violations of the administration of public security are to be given a heavier punishment:

    1) There are more serious consequences;

    2) Instigating, coercing, or enticing others to violate the administration of public security;

    3) Retaliation against informants, accusers, informants, or witnesses;

    4) Those who have received a public security administrative punishment within 6 months.

    Article 21: In any of the following circumstances, where a person violating the administration of public security shall be given a punishment of administrative detention in accordance with this Law, the punishment of administrative detention is not to be enforced:

    1) Those who have reached the age of 14 but are not yet 16 years old;

    2) Those who have reached the age of 16 but are not yet 18 years old, and who have violated the administration of public security for the first time;

    3) 70 years of age or older;

    4) Pregnant or breastfeeding a child under the age of 1.

  6. Anonymous users2024-02-07

    This kind of conduct is a fight, and where the circumstances are relatively minor, the public security organs may mediate and handle it. Where the public security organs mediate and the parties reach an agreement, punishment is not to be given. where mediation is not possible, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

  7. Anonymous users2024-02-06

    In this case, it is a mutual assault, and on a moral level, the one who acts first is primarily responsible, but from a legal point of view, both are responsible.

  8. Anonymous users2024-02-05

    It's hard to say this kind of thing, although it is said that the first person was injured, and there is a justifiable defense in it, if the other party is justified because of the first move, then the other party is not responsible.

  9. Anonymous users2024-02-04

    It depends on the injury....and antecedents....

  10. Anonymous users2024-02-03

    Summary. If the other party is killed in a fight, he shall be held criminally responsible and shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

    Legal basis: Article 234 of the Criminal Law of the People's Republic of China 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.

    Two people hit one of the other first, but one was killed by the other party, is the other party guilty?

    Hello, I am a cooperating lawyer and it is a pleasure to serve you.

    The two of them hit someone first, but they were beaten by the other party.

    What the situation. In a fight, where one party strikes first and the other fights back, it is a mutual assault and is not justified defense.

    If the other party is killed in a fight, he shall be held criminally responsible and shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Legal basis: Article 234 of the Criminal Law of the People's Republic of China 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.

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