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This is a public security issue, not a criminal issue, and the fracture at the base of his thumb is a minor injury, so don't be afraid! Under normal circumstances, the public security bureau will ask you to negotiate by yourself, and will not impose public security penalties!
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The law stipulates that a comminuted fracture of one phalanx or a linear fracture of two phalanx constitutes a minor injury and constitutes the crime of intentional injury.
Therefore, whether it constitutes a minor injury must be subject to judicial appraisal, and whether it constitutes the previous two circumstances.
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A forensic examination is required, as it is up to the medical examiner to determine whether or not a linear fracture is a linear fracture.
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First of all, I'm not a doctor, I don't know if it's a minor injury or a minor injury, I can only tell you from the point of view of legal law and practice. First, if it constitutes a slight injury, it is only a violation of the Public Security Administration Punishment Law, and the maximum amount of money to be paid, and then more serious. Fifteen days of detention is enough.
Second, if it constitutes a minor injury, it may constitute the crime of intentional injury, and the sentence is less than three years, but in practice, if you take the initiative to admit your mistake, actively compensate, and obtain the victim's forgiveness, then you will either not be prosecuted, or at most you will be sentenced to a suspended sentence. Third, for civil compensation, regardless of whether the other party is pursued on the basis of your administrative responsibility and criminal responsibility, there is no problem, which is no problem, but the compensation is also based on the basis of the price, and you cannot ask for a sky-high price.
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A broken thumb is considered a minor injury.
According to the "Identification Standards for Minor Human Injuries (Trial)":
Article 23 Hand injuries.
1) Comminuted fracture of 1 phalanx (excluding the 2nd to 5th phalanges) or linear fracture of 2 phalanges;
b) missing half of a knuckle;
3) Mild contractures, deformities, limited joint movement, or lateral instability after injury;
4) Scaphoid fracture, lunate dislocation, or complete metacarpal fracture.
Article 24 Foot Injury.
a) 2 phalanges fractures;
b) missing 1 phalange;
3) 2 fractures of the skull bone; tarsus, talus, calcaneus fractures; Ankle fracture or tarsal dislocation. Except for avulsion fractures.
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A finger bone fracture is a fracture of 14 phalanges in the hand. Fractures are more common than other sites, and most of them are multiple fractures, and there are typical displacement and deformity after fracture, and it is easier to diagnose, but X-ray photography is still needed to understand its displacement in detail, so as to reduce and fix it by different techniques.
Most finger fractures are minor injuries, and finger fractures have more mature experience. However, finger fractures also include more complex comminuted fractures, which can be more difficult. After the finger is severed due to trauma, it is generally the best time for finger replantation within 8 hours.
If you go to the hospital for finger replantation within 8 hours, you will achieve satisfactory results.
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A broken finger is a minor injury.
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A finger fracture in a fight is considered a minor injury, but a linear fracture of two phalanx other than the second and fifth phalanges or a comminuted fracture of one phalanx is a second-degree minor injury. Where intentional injury causes minor injury, public security punishment is to be given, and criminal responsibility is generally not pursued.
Victims who suffer personal injuries shall be compensated for all expenses incurred for medical treatment and loss of income due to lost work, including, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal allowances, and necessary nutrition expenses.
Article 43 of the Public Security Administration Punishment Law: Whoever assaults another person or intentionally injures another person's body 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.
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A broken finger in a fight may not be considered a minor injury. Minor injuries refer to injuries that cause damage to a person's limbs or appearance, partial impairment of hearing, vision or other organ function, or other injuries that are moderately harmful to human health. Includes minor injuries of the first degree and minor injuries of the second degree.
However, the specific conclusion shall prevail.
[Legal basis].
Criteria for the Identification of the Degree of Human Injury" Serious Injury.
Injuries that mutilate a person's limbs, disfigure, deafness, vision, other organ functions, or other serious harm to personal health, including serious injuries of the first degree and serious injuries of the second degree.
Flesh wound. Impairment of human limbs or appearance, partial impairment of hearing, vision or other organ functions, or other injuries that are moderately harmful to personal health, including minor injuries of the first degree and minor injuries of the second degree.
Minor injuries. Primary injury caused by various traumatogenic factors, resulting in minor damage to the structure of tissues and organs or slight dysfunction.
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Finger fracture is usually a relatively minor injury, so finger fracture is also considered a minor injury, this is due to the fact that the sales only account for about 5% of the entire hand function, and the impact on the function of the whole hand after the injury is not too great, if there is a finger fracture, it can be recovered with splint external fixation for 4 to 5 weeks, but if the finger is displaced, it is necessary to fix it by surgery. Anxin Medical wishes you a happy life!
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Legal analysis: Finger fractures are generally minor injuries, but linear fractures of two phalanges other than the second and fifth fingers or comminuted fractures of one phalanx are classified as minor injuries of the second degree.
Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms 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.
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