How to deal with being beaten and what to do if you are beaten

If the evaluation result is a slight injury, an administrative punishment shall be imposed on the beater, and at the same time he shall be required to bear civil liability for compensation; If the appraisal result is more than minor injuries, the beater is suspected of the crime of intentional injury, and may request that the beater be investigated for criminal responsibility, and may file a civil lawsuit attached to the criminal case to demand compensation for personal injury.

The police station first decides whether to file a case.

1. Where, after accepting a case, the public security organs, upon review, find that there are facts of a crime that need to be pursued for criminal responsibility and that they are within their own jurisdiction, they are to file the case with the approval of the responsible person at the public security organ at the county level or above; Where it is found that there are no facts of a crime, or that the facts of the crime are obviously minor and do not need to be pursued for criminal responsibility, or that there are other circumstances in which criminal responsibility is not pursued in accordance with law, the case is not to be filed with the approval of the responsible person at a public security organ at the county level or above.

In cases where there is an accuser, and a decision is made not to file the case, the public security organs shall draft a notice not to file the case and serve it on the accuser within 3 days.

2. Where the accuser is dissatisfied with the decision not to file a case, they may apply for a reconsideration to the public security organ that made the decision within 7 days of receiving the notice of not filing a case; The public security organs shall make a decision within 7 days of receiving the application for reconsideration, and notify the accuser in writing.

Where the accuser is dissatisfied with the reconsideration decision not to file a case, they may apply for a review to the public security organ at the level above within 7 days of receiving the reconsideration decision; The public security organ at the level above shall make a decision within 7 days of receiving the application for review. Where a higher-level public security organ revokes a decision not to file a case, the lower-level public security organ shall enforce it.

What to do if you are beaten First, call the police, and second, do an injury evaluation, this injury evaluation is particularly important, if the identification conclusion is a minor injury.

Here's how to deal with being hit

1. After the injury needs to be reported, if a slight injury is caused, the beater shall be punished by the public security administration;

2. If you cause more than minor injuries, you are suspected of the crime of intentional injury and shall bear criminal responsibility. And sentenced to ** expenses, lost work expenses, nursing expenses, and transportation expenses.

How to sue if you are beaten.

The process of prosecuting someone who has been beaten is as follows:

1. Call the police and ask for the alarm record;

2. Ask for the injury examination form, go to the designated hospital for the injury examination and**, after the completion of the examination, you must submit the injury examination conclusion;

3. File a private prosecution with the people's court to demand compensation for infringement losses from the defendant.

[Legal basis].Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments.

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.

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.

Legal analysis: If you are beaten, you should report to the police in time. Where it is determined that the injury is more than minor, criminal responsibility shall be pursued, and the victim may raise an attached civil lawsuit to claim civil compensation if the crime of intentional injury is suspected. If it does not constitute a criminal case, a civil lawsuit may be initiated.

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

Article 233:Where negligence causes death, the sentence is to be between three and seven years imprisonment; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions.

Article 234:Whoever intentionally injures the body of another person shall be 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 the death penalty is to be carried out. Where this Law provides otherwise, follow those provisions.

Article 235:Whoever negligently injures another person causing serious injury shall be sentenced to up to three years imprisonment or short-term detention. Where this Law provides otherwise, follow those provisions.

How to deal with being beaten: The victim shall promptly report to the police and do a good job of evaluating the injury, and if it constitutes a minor injury or more that constitutes the crime of intentional injury, the other party needs to be sentenced. The crime of intentional injury is a serious violent crime and a common form of crime in daily life.

The crime of intentional injury refers to the crime of intentionally and unlawfully harming the physical health of another person.

[Legal basis].Article 234 of the Criminal Law.

Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release.

Whoever commits the crime in the preceding paragraph and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, shall be sentenced to 10 years imprisonment, life imprisonment or death. Where this Law has other provisions, follow those provisions.

Legal analysis: If you are beaten, you should report to the police in time. Where it is determined that it constitutes a minor injury or more, criminal responsibility shall be pursued, and the crime of intentional injury is suspected, and the victim may be burned to raise an attached civil lawsuit to claim civil compensation.

If one party fails to perform after the judgment takes effect, it may apply to the court for compulsory enforcement, and compulsory measures such as inquiry, freezing, or transferring the deposits of the person subject to the application for enforcement may be employed. If the file does not constitute a criminal case, a civil lawsuit may be filed.

Legal basis: Article 234 of the Criminal Law 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. 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.