Forensic appraisal of how to sentence minor injuries, and judicial appraisal of how to convict minor

where a fight causes injury may constitute the crime of intentional injury, and where the crime of intentional injury is constituted, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given; where serious injury is caused, the sentence is between three and ten years imprisonment; 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. For the crime of intentional injury, the standard is that the victim is slightly injured by the violation, and the criminal suspect's legal responsibility shall be pursued. Those who cause minor injuries will not be held criminally responsible, but may face public security penalties.

Article 43 of the Public Security Administration Punishment Law stipulates that anyone who assaults another person or intentionally injures 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. Assaulting or injuring others in groups; In any of the following circumstances, beating 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. Legal basis:

Article 234 of the Criminal Procedure Law: 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 forensic examination showed that the injuries were minor and were handled as public security cases.

Legal basis: 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 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.

If the injury is found to be slight, it will not constitute a criminal offense and there is no need to bear criminal responsibility. If it is a fight, and one party injures another person and causes minor injuries, he shall be punished by the Law of the "Public Security Administration Office Wandering God Punishment" law, and 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.

Article 43 of the Public Security Administration Punishment Whoever assaults another person, or intentionally harms the body of another person, shall be detained for between 5 and 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 a fine of between 500 and 1,000 RMB is to be given: (1) Gang beating or injuring others; (2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 61; (Sanshenxian) repeatedly beating or injuring others, or beating or injuring multiple people at a time.

1) Public security penalties:

1. Minor injuries do not constitute a criminal case, and there is no criminal liability, only administrative liability (public security punishment) and civil liability. Generally, minor injuries can be mediated by the public security, and no punishment will be imposed after the mediation agreement is reached; If mediation fails, a fine or administrative detention for up to 15 days may be imposed.

2. Detention or fine:

1) The punishment of public security on both sides should be decided by the county-level public security bureau, not an issue that you "raise" or not raise.

2) Detention is between 5 and 10 days, and if you are disabled or under the age of 14, the detention can be between 10 and 15 days.

3) The fine can be between 200 and 500 yuan, and serious 500 yuan and 1,000 yuan.

4) It is possible to detain and fine at the same time, that is, to impose a concurrent fine. The basis is: Article 43 of the Public Security Punishment Law:

Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined concurrently; 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.

3. Steps to file a case for prosecution: write a complaint, bring your ID card, relevant evidence (evidence of the other party, evidence of ** cost, etc.), go to the case filing division of the court to request the filing of the case, and then wait until the court notifies you to participate in the trial.

2) Criminal penalties.

1. Whoever intentionally injures another person's body in accordance with article 234 of the Criminal Law 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 rubber disease, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where this Law provides otherwise, follow those provisions.

In layman's terms, a person who intentionally injures and causes minor injuries can be sentenced to fixed-term imprisonment of not more than three years, short-term detention or public surveillance.

2. According to the provisions of the Criminal Procedure Law of our country, a criminal case with evidence of minor nuclear splitting is a private prosecution case, and the private prosecution case is mainly to encourage reconciliation, so as long as the plaintiff voluntarily withdraws the lawsuit, the defendant does not have to bear legal responsibility. To sum up the above, the minor injuries caused will not constitute a crime under normal circumstances, but the parties must also accept the punishment of public security, and thus bear all the compensation costs of the victim, so when dealing with it, it must be combined with the actual situation of the victim, so as to ensure that the two parties will not cause disputes.

Minor injury refers to an injury in which various external factors such as physical, chemical, and biological factors act on the human body, causing a certain degree of damage to the structure of tissues and organs or partial dysfunction, and do not constitute serious injuries but are not minor injuries. The Criminal Law stipulates that a person who intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Article 1179 of the Civil Code (effective as of January 1, 2021) and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulate that a person who causes injury to his or her body shall be compensated for expenses such as medical treatment, lost work, nursing, transportation, accommodation, food allowance during hospitalization, and necessary nutrition.

If the injury is slight, the public security organ will impose a public security penalty on the beater, and bear the victim's medical expenses, lost work expenses, and other expenses. Do not pursue criminal responsibility.

Article 22 of the Regulations on Work-related Injury Insurance refers to the appraisal of the degree of labor dysfunction and the degree of self-care impairment.

There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10.

There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.

The standards for the appraisal of labor ability shall be formulated by the social insurance administrative department in conjunction with the health administrative department and other departments.

Computer judicial appraisal, environmental monitoring judicial appraisal, project cost judicial appraisal.