I beat the other party to a slight injury, the other party refuses to be private, what should I do t

1. Whoever intentionally injures the body of another person on the basis of article 234 of the Criminal Law is to 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.

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. There are two situations in which intentional injury causes minor injury: First, the public security organ files a case for investigation, and after the evidence is complete, it is reported to the people's procuratorate for prosecution, and finally tried by the court. Once the public security organs file a case for investigation and enter into litigation procedures, it means that the intervention of the state's public power means that the state will pursue criminal responsibility for illegal and criminal acts.

Public prosecution cases cannot be private. The second is that China's Criminal Procedure Law stipulates that minor criminal cases with evidence are private prosecution cases, and private prosecution cases mainly encourage reconciliation, and the plaintiff does not have to bear legal responsibility as long as the defendant voluntarily withdraws the lawsuit. You can see what you do.

The other party doesn't want to be private, so what does he want...

I want revenge, or I still want compensation.

It would be best if you could mediate at the police station. However, if the mediation fails, the only way to go down is to go through the procedures and go through the public security and the procuratorate to the court, and finally the court will sentence you for the crime of intentional injury, and at the same time sentence the attached civil part. You can claim compensation in court** and pay the compensation according to the standard.

Spending money on activities below can be sentenced to probation. You just don't have to go to jail. But there is a criminal record.

The standard for sentencing for causing minor injuries to others is: Whoever intentionally injures another person's body and causes minor injuries shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Where the law clearly provides that it is a criminal act, it is to be convicted and sentenced in accordance with the law.

Where minor injuries are caused to meet the standard for conviction, criminal responsibility shall be pursued.

[Legal basis].Article 3 of the Criminal Law of the People's Republic of China.

Where the law clearly provides that it is a criminal act, it is to be convicted and sentenced in accordance with the law. Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.

Article 234.

Whoever intentionally injures the body of another person 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 to a person with a high source of 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, imprisonment without hail, or death. Where this Law provides otherwise, follow those provisions.

If the other party is not compensated for the loss, the other party can file a civil lawsuit to ask the court to order the beater to compensate for various losses such as medical expenses, hospital meal subsidies, nursing expenses, and lost work expenses. Second, a civil lawsuit attached to a criminal case may be initiated. That is, when the procuratorate initiates a public prosecution against the defendant who beat the person, the victim can file a civil lawsuit as the plaintiff.

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 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 in a sedan chair, 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.

Legal analysis: If the other party is not compensated for its losses, the other party can file a civil lawsuit to ask the court to award compensation for medical expenses, hospital meal subsidies, nursing expenses, lost work expenses and other losses. Second, a civil lawsuit attached to a criminal case may be initiated.

That is, when the procuratorate initiates a public prosecution against the defendant who beat someone, the victim may file a civil lawsuit as the original plaintiff.

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

If being beaten does not constitute a minor injury or above, it can be private, and both parties can agree to reach an agreement privately. If it constitutes a minor injury or more, it cannot be private, it constitutes a criminal offense, and it enters the litigation procedure, but the civil part can be resolved through negotiation, that is, it is private. Article 212 of the Criminal Procedure Law: People's courts may conduct mediation in private prosecution cases; Before the judgment is announced, the private prosecutor may settle with the defendant or withdraw the private prosecution.

Mediation is not applicable to cases provided for in paragraph 3 of article 210 of this Law. Where the defendant is taken into custody during the time limit for a people's court to hear a private prosecution case, the provisions of paragraphs 1 and 2 of article 208 of this law apply; and where they are not detained, the verdict shall be announced within 6 months of acceptance.

Lawyer analysisIf the beating does not constitute a minor injury or above, it can be done privately, and the two parties can agree to reach an agreement privately. If it constitutes a minor injury or more, it cannot be private, it constitutes a criminal offense, and it enters the litigation procedure, but the civil part can be resolved through negotiation, that is, it is private.

[Legal basis].Article 212 of the Criminal Procedure Law.

People's courts may conduct mediation in private prosecution cases; Before the judgment is announced, the private prosecutor may settle with the defendant or withdraw the private prosecution. Mediation is not applicable to cases provided for in paragraph 3 of article 210 of this Law.

Where the time limit for people's courts to hear private prosecution cases is carried out, and the defendant is detained, apply the provisions of paragraphs 1 and 2 of article 208 of this Law; and where they have not been detained, the verdict shall be announced within 6 months of acceptance.

Netizen consultation: My son Xiaojie is 17 years old this year and is in his second year of high school. Because he has been pampered since he was a child, Xiaojie's personality is more domineering and his temper is also very short-tempered.

Two months ago, because of a verbal conflict with a classmate, Xiaojie was angry and injured the other party, and then the school called the police, and the police intervened in the matter. During this period, on the issue of compensation, the other party's parents came to us and said that if we could pay a one-time compensation of 200,000 yuan, the matter would be written off, and they would not sue us, and would apply to the police station to withdraw the case. Excuse me, if we pay this money, will the other party have the right to apply to the police department to revoke the prosecution of Xiaojie?

Does this kind of privacy work? Lawyer's analysis: Hello, if the court finds that Xiaojie's behavior has constituted the crime of intentional injury, such a private act is legally equivalent to actively compensating the victim's losses and obtaining the victim's forgiveness, in terms of sentencing, the court will mitigate or reduce the punishment accordingly, but it does not automatically exempt Xiaojie from criminal responsibility, it is only a factor considered by the court in sentencing.

Of course, if it does not involve a crime, but only involves a civil compensation case, it is completely valid for both parties to sign a compensation agreement after negotiation. Generally speaking, minor injuries or more may involve criminal Hongye Cong crimes, but Xiaojie, as a minor under the age of 18, will receive a lighter or commuted punishment at sentencing. The third paragraph of Article 17 of China's "Criminal Law" stipulates that a person who has reached the age of 14 but is not yet 18 years old shall be given a lighter or commuted punishment if he commits a crime.

Tips: "Breaking the fortune and eliminating the disaster" is the way that many parents choose to deal with after their children violate the law, and it needs to be reminded that when it may involve a criminal offense, parents should not try to "spend money to make the victim fabricate false facts to change the confession", because this is an act that disrupts the judicial order, and if the situation is serious, it may also be investigated for criminal responsibility.

Article 212 of the Criminal Procedure Law: People's courts may conduct mediation in private prosecution cases; Before the judgment is announced, the private prosecutor may settle with the defendant or withdraw the private prosecution. Mediation is not applicable to cases provided for in paragraph 3 of article 210 of this Law. Where the defendant is taken into custody during the time limit for a people's court to hear a private prosecution case, the provisions of paragraphs 1 and 2 of article 208 of this law apply; and where they are not detained, the verdict shall be announced within 6 months of acceptance.