How to sentence for violating Article 86 of the Criminal Procedure Law of China

Updated on society 2024-08-08
6 answers
  1. Anonymous users2024-02-15

    According to China's Criminal Procedure Law, the verdict for a violation of the Criminal Law should be determined in accordance with the circumstances of the case.

    There are two unreasonable reasons for the parties to say that they have violated Article 86 of the Criminal Procedure Law of the People's Republic of China, one is that it violates the Criminal Law, not the Criminal Procedure Law, and the other is that neither Article 86 of the Criminal Law nor Article 86 of the Criminal Procedure Law has any punishment for the crime of minor injury.

    Minor injury refers to the injury that has not yet constituted a serious injury but is not a minor injury due to the action of various external factors such as physical, chemical and biological factors on the human body, causing a certain degree of damage or partial dysfunction of the structure of tissues and organs.

    Article 234 of the Criminal Law stipulates that anyone who intentionally injures another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

    In addition, in accordance with Article 119 of the General Principles of the Civil Law 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, if a person is physically injured, he shall compensate for expenses such as medical treatment, lost work, nursing, transportation, accommodation, food allowance during hospitalization, and necessary nutrition; If the injury reaches the level of disability, disability compensation, disability assistive device expenses, living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to **nursing and continuation** are also required. The details are subject to the actual situation.

  2. Anonymous users2024-02-14

    Article 86 of the Criminal Procedure Law stipulates that when a people's court, people's procuratorate or public security organ decides not to file a case, it shall notify the accuser of the reasons for not filing the case. If the accuser is not satisfied, he may apply for reconsideration.

    Article 86 of the Criminal Law stipulates that if a criminal who has been released on parole commits a new crime during the probationary period of parole, his parole shall be revoked and the punishment for the multiple crimes shall be combined in accordance with the provisions of article 71 of the Criminal Law.

    Do you see the ** law? Minor injuries are generally acquitted, suspended, or fixed-term imprisonment of about one year depending on the circumstances of the case or compensation.

  3. Anonymous users2024-02-13

    The Criminal Procedure Law of the People's Republic of China regulates the length of detention of detainees.

    According to article 86 of the Criminal Procedure Law of the People's Republic of China, public security organs shall interrogate detained persons within 24 hours of their detention. In cases where the extremities are now unwarranted, they must be released immediately and a certificate of release must be issued.

    Article 87: When public security organs request the arrest of a criminal suspect, they shall write a written request for approval of arrest and send it to the people's procuratorate at the same level for review and approval, together with the case file materials and evidence. When necessary, the people's procuratorate may appoint personnel to participate in the public security organs' discussions of major cases.

  4. Anonymous users2024-02-12

    Article 86 of the Criminal Procedure Law of the People's Republic of China contains the following content: The public security organs shall interrogate the detained person within 24 hours after the detention. If it is found that you should not be detained, you must be released immediately and a certificate of release must be issued.

  5. Anonymous users2024-02-11

    Article 82 of the Criminal Procedure Law stipulates that criminal detention will be carried out in advance, and whether or not to go to prison needs to be determined in light of the specific circumstances of the case; Where there is indeed a criminal act and there is no statutory reason for exemption from liability, the people accepting the case will make a judgment on whether they are guilty or not on the basis of the facts of the case. According to article 82 of the Criminal Procedure Law, public security organs may detain current offenders or major suspects in any of the following circumstances: (1) those who are preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime; (2) The victim or a person who witnessed it at the scene identified him as having committed the crime; (3) Evidence of a crime is found in their surroundings or residence; (4) Attempting suicide, escaping, or being at large after committing a crime; (5) There is a possibility of destroying or fabricating evidence or colluding confessions; (6) Not telling their true name or address, and their identity is unclear; (7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.

  6. Anonymous users2024-02-10

    Article 67 of the Criminal Procedure Law stipulates that the conditions for a criminal suspect or defendant to be released on bail pending trial are premature

    1.where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

    2.A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society;

    3.Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies, and are released on bail pending further investigation so that there will be no danger to society.

    Criminal Procedure Law of the People's Republic of China

    Article 67.

    Conditions and enforcement of release on bail pending further investigation.

    The people's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

    1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently; Big tremors.

    2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

    3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

    4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

    Release on guarantee pending further investigation is to be enforced by the public security organs.

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There are defense lawyers on the Internet, for example, during the investigation stage.