When two people fight, the other party makes the first move, what to do

Updated on society 2024-07-22
3 answers
  1. Anonymous users2024-02-13

    Generally, mediation is the mainstay.

    Because whoever makes the first move, as long as it causes harm, it may be punished.

    If it constitutes a minor injury, it may also be sentenced, but if both parties are willing to accept mediation, the police station may not deal with both parties.

  2. Anonymous users2024-02-12

    It is not possible to one-sidedly think that the first party will bear the liability for compensation, and it needs to be judged according to the specific circumstances: 1. The fight caused by the civil dispute between the two parties needs to bear the civil liability according to the fault of both parties.

    2. If one party beats the other party without reason, then the beaten party can take legitimate defense, and the injury caused to the other party does not need to bear legal responsibility.

    In addition, the assault was suspected of intentional injury.

    Article 9 of the Law on Public Security Administration Punishments: Where violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, are relatively minor, the public security organs may mediate and handle them.

    Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.

    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.

    Article 43: 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; 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 beating or injuring others; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

    Article 8: Where conduct violating the administration of public security causes harm to others, the perpetrator or his guardian shall bear civil liability in accordance with law.

    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 and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, causing death, or causing serious injury by especially cruel means, or causing serious disability, 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. Anonymous users2024-02-11

    Hitting someone, causing minor injuries to the other party, is a public security case and will be punished by the public security administration.

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

    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.

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