What should I do if I am beaten by someone else, but I have no evidence?

Updated on society 2024-08-14
7 answers
  1. Anonymous users2024-02-16

    If there is no evidence, the public security organs.

    There is no way to deal with the other party.

    If the injuries of the injured person are assessed by a forensic medical examiner to be minor, the person who assaulted the person commits the crime of intentional injury.

    Criminal responsibility should be pursued in accordance with the law.

    But according to the Code of Criminal Procedure

    The premise of pursuing criminal liability is that there must be conclusive and sufficient evidence to prove that the other party committed the act of intentional harm. If there is only the victim's statement, the other party does not admit the fact of the beating, and there is no other evidence to prove that the other party committed the harmful act, the evidence is insufficient, and the public security organs cannot pursue the other party's criminal responsibility in accordance with law.

    Therefore, as a victim, you should take the initiative to provide evidence or clues to the public security organs that may be beneficial to the investigation, and at the same time, you can also urge the public security organs to carry out investigations in a timely manner and collect relevant evidence, so as to obtain criminal evidence and pursue the criminal responsibility of the other party.

    Code of Criminal Procedure

    Article 53: In all cases, sentencing should emphasize evidence, investigation and research, and not lightly believe confessions. Where there is only the defendant's confession and there is no other evidence, the defendant cannot be found guilty and punished; Where there is no confession from the defendant and the evidence is credible and sufficient, the defendant may be found guilty and given a punishment.

    The evidence is credible and sufficient, and shall meet the following requirements:

    1) The facts of conviction and sentencing are all supported by evidence;

    2) The evidence on which the verdict is based has been verified to be true through legally-prescribed procedures;

    3) Summarizing all the evidence in the case, reasonable doubt has been eliminated as to the facts ascertained.

  2. Anonymous users2024-02-15

    Quietly bring a voice recorder, pretend to be pitiful and ask him why he hit you, the more pitiful she is, the less defensive she is, the more likely she is to succeed!

  3. Anonymous users2024-02-14

    Legal analysis: After being beaten, you can call the police without evidence, and if it constitutes a minor injury or more, it constitutes a crime, and the public security bureau shall file a case for investigation and collect evidence through investigation. Legal basis:

    Article 84 of the Criminal Procedure Law of the People's Republic of China: Any unit or individual who discovers the facts of a crime or a criminal suspect has the right and obligation to report or report the case to the public security organs, people's procuratorates, or people's courts.

    Public security organs, people's procuratorates, or people's courts should all accept reports.

    where it is not within their own jurisdiction, it shall be transferred to the competent organs for handling, and the person making the report is to be notified; Where emergency measures must be taken that are not within their jurisdiction, they shall first take emergency measures and then transfer them to the competent organs. Article 50: All materials that can be used to prove the facts of a case are evidence. Evidence includes:

    1) Physical evidence; (2) documentary evidence; (3) Witness testimony; (4) The victim's statement; (5) Confessions and justifications of criminal suspects or defendants; (6) Appraisal opinions; (7) Records of inquests, inspections, identifications, investigative experiments, and so forth; (8) Audio-visual materials and electronic data. Evidence must be verified to be true before it can be used as the basis for a verdict.

    Article 51: The people's procuratorate bears the burden of proof that the defendant is guilty in a public prosecution case, and the burden of proof that the defendant is guilty in a private prosecution case is borne by the private prosecutor.

    Article 234 of the Criminal Law of the People's Republic of China provides that whoever intentionally harms the body of another person is 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.

  4. Anonymous users2024-02-13

    Legal analysis: There are many kinds of evidence, such as physical evidence, documentary evidence, audio and video recordings, witness testimony, appraisal opinions, etc. Civil cases, administrative punishment cases, and criminal cases, the standards of proof for the three types of cases are different, and the requirements for evidence are also different.

    As long as the evidence is authentic, legal, and relevant to the facts to be proven, it is evidence in a civil case.

    Legal basis: Article 234 of the Constitution 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.

  5. Anonymous users2024-02-12

    Legal analysis: If there is no evidence after being beaten, the police can be called to the police, and if it constitutes a minor injury or more, it constitutes a crime, and the public security bureau shall file a case for investigation and report the investigation, and collect evidence through investigation. Evidence is an important basis for judges to determine the existence of facts that occurred in the past in judicial decisions, and in the trial process of any case, it is necessary to reproduce and restore the original face of the incident through evidence and the chain of evidence formed by evidence.

    Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 115: Public security organs shall conduct an investigation into a criminal case that has already been filed, and collect and collect evidence of the criminal suspect's guilt or innocence, or the severity or seriousness of the crime. Current offenders or major suspects may be detained in advance in accordance with law, and criminal suspects who meet the requirements for arrest shall be arrested in accordance with law.

    Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs》 Article 191: Public security organs shall promptly conduct an investigation into criminal cases that have already been filed, and comprehensively and objectively collect and collect evidence of the criminal suspect's guilt or innocence, or the severity or seriousness of the crime.

  6. Anonymous users2024-02-11

    If the victim is beaten or intentionally injured when there is no evidence such as surveillance materials, witness testimony, or injury evaluation, and the victim is beaten or intentionally injured, the public security organs will determine the nature of the case after accepting and reviewing it, and the public security organs that meet the standards for filing a case will conduct an investigation and collect evidence through investigative means to obtain relevant evidence, so as to pursue the legal responsibility of the beater. At least in the absence of the above evidence, the public security organs can obtain the confession of the criminal suspect.

    Legal basis: Article 50 of the Criminal Procedure Law of the People's Republic of China All materials that can be used to prove the facts of a case are evidence.

    Evidence includes: 1) physical evidence;

    (2) documentary evidence; (3) Witness testimony;

    (4) The victim's statement;

    (5) Confessions and justifications of criminal suspects or defendants;

    (6) Appraisal opinions;

    (7) Records of inquests, inspections, identifications, investigative experiments, and so forth;

    (8) Audio-visual materials and electronic data.

    Evidence must be verified to be true before it can be used as the basis for a verdict.

  7. Anonymous users2024-02-10

    Legal analysis: According to the law, in criminal proceedings, the people's procuratorate will review and decide whether to prosecute a case in which the investigation by the public security organ has been completed. When the people's procuratorate reviews a case, it may return it to the public security organ for supplemental investigation if it is necessary to supplement the investigation, or it may conduct the investigation on its own.

    Legal basis: Criminal Procedure Law of the People's Republic of China

    Article 110:Any unit or individual discovering the facts of a crime or a criminal suspect has the right and obligation to report or report the case to the public security organs, people's procuratorates, or people's courts. Bureau.

    Public security organs, people's procuratorates, or people's courts shall accept reports, accusations, or reports. Where it is not within their own jurisdiction, it shall be transferred to the competent organs for handling, and the informant, accuser, or informant shall be notified; Where emergency measures must be taken for non-obstruction or disturbance that fall within one's own jurisdiction, emergency measures shall be taken first and then transferred to the competent authority.

    Where the offender voluntarily surrenders to the Tuanwu public security organs, people's procuratorates, or people's courts, the provisions of paragraph 3 apply.

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