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First. There will be no sentence.
Second. Minor injuries fall within the scope of the Public Security Punishment Law. For such cases, mediation can be applied, and if you are not willing to mediate, the case will go through the legal process.
He could be detained for up to a few days if he went through the legal process. However, the public security organs can't control the matter of losing money, and the law stipulates that you can claim civil compensation through the court, but it is very troublesome and not very practical. Therefore, in general, such cases have nothing more than two outcomes:
Mediation, loss of money without detention. Or no mediation, detention without losing money.
The first is to accept mediation, and you can take as much as you can. First, mediation is not accepted, and the administrative penalty does not affect you to file a civil tort lawsuit alone.
Third. 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": "Whoever beats 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 also be fined; 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".
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.
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Minor injuries are at most public security penalties, and they can be accused of unfair handling. You can also wait for them to sue, if the other party has no evidence, the court will generally not support it.
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Hello, causing minor injuries to the other party generally does not constitute a criminal offense, and only administrative penalties are imposed in accordance with the "Regulations of the Public Security Punishment Law", including administrative detention and administrative fines.
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No, it will be detained for intentional harm.
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Legal analysis: If a fight causes minor injuries, it is suspected of constituting the crime of intentional injury, if the procuratorate initiates a public prosecution with the court, the court can organize mediation on civil compensation, but will not mediate on the criminal side, and will make a judgment in accordance with the law.
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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Injuries to those who tremble in a fight may be mediated, and where the parties reach an agreement through mediation by the public security organs, punishment is not to be given. If no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violator of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may file a civil lawsuit in the people's court in accordance with law regarding the civil dispute. That is, according to Article 9 of the "Public Security Administration Punishment Law", the public security organs may mediate and deal with the violations of public security management and banquet management caused by civil disputes, such as fighting or damaging other people's property, and the circumstances are relatively minor.
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 violator of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may file a civil lawsuit in the people's court in accordance with law regarding the civil dispute.
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It is possible to mediate. If it is a public prosecution case, it may be a prison sentence, and if it is a private prosecution case, the victim is willing to mediate, and after mediation, the lawsuit will be withdrawn. In cases where a settlement agreement is reached, the public security organs may submit a recommendation for leniency to the people's procuratorate.
The people's procuratorate may submit a recommendation for lenient punishment to the people's court; Where the circumstances of the crime are minor and no criminal punishment is required, a decision may be made not to prosecute. The people's court may give a lenient punishment to the defendant in accordance with law.
Can minor injuries be mediated in the second degree?
Minor injuries in the second degree may be mediated, and where intentional injury causes minor injury to others, it will constitute the crime of intentional injury, and in accordance with the provisions of the Criminal Law, a sentence of up to three years imprisonment, short-term detention, or controlled release is to be given. Therefore, if the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through methods such as compensating the victim for losses or making a formal apology, and the victim voluntarily settles, the parties may reconcile.
Article 2 of the Criminal Procedure Law of the People's Republic of China lacks 188 letters.
In the following public prosecution cases, where the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through methods such as compensating the victim for losses or making a formal apology, and the victim voluntarily settles, the parties may settle:
1) Cases arising from civil disputes that are suspected of crimes provided for in Chapters 4 and 5 of the Criminal Law's Special Provisions, and may be sentenced to up to three years imprisonment under the pretense of being imitated;
2) Cases of crimes of negligence other than crimes of dereliction of duty that might be sentenced to up to 7 years imprisonment. Where criminal suspects or defendants have intentionally committed crimes within 5 years, the procedures provided for in this chapter do not apply.
How can a fight be considered a minor injury?
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 injury refers to the injury that 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.
Article 234 of the Criminal Law stipulates that a person who intentionally injures another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Legal basis:
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Achieving minor injuries is already involved in a criminal case, but it is a minor criminal case and in principle needs to be prosecuted. However, criminal reconciliation may be made, mainly considering whether the victim has forgiveness and the handling method of the public security organs.
Legal basis: Code of Criminal Procedure
Article 170(2) provides that the people's court directly accepts the case"Minor criminal cases in which the victim has evidence to prove it"refers to the following criminal cases in which the victim has evidence to prove it:
1) Cases of intentional injury (minor injuries);
2) bigamy cases;
3) Cases of abandonment;
4) Cases of obstruction of freedom of communication;
5) Cases of illegal trespass into another person's home;
6) Cases of production or sale of counterfeit or shoddy goods (except where social order and national interests are seriously endangered);
7) Cases of infringement of intellectual property rights (except those that seriously endanger social order and national interests);
8) Other minor criminal cases that are provided for in Chapters 4 and 5 of the Criminal Law, and where the defendant may be sentenced to up to three years imprisonment.
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Hello, it is recommended to call the police to deal with it.