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Yes! Maybe someone else is doing something because you've disturbed someone's interest, or that person has a bad temper!
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Knocking on someone's door after drinking is reprehensible, but it is not so bad as to hurt someone. The victim shall promptly report to the police, and then conduct a forensic evaluation, and decide on the legal responsibility of the beater based on the results of the evaluation.
1. If the injury is slight, the public security organ shall impose a public security penalty on the beater, and bear the victim's medical expenses, lost work expenses, and other expenses.
Article 43 of the Public Security Administration Punishment Law: "Whoever assaults 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 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.
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. ”
2. If the evaluation result is a minor injury, the public security organs shall file a case for investigation and pursue the criminal responsibility of the beater. If the public security organ refuses to file a case, it may file a private criminal prosecution in the people's court and demand that the perpetrator be investigated for criminal responsibility. Regardless of whether it is a public prosecution or a private prosecution, an attached civil lawsuit can be filed at the same time to demand compensation for medical expenses and other expenses from the other party.
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, 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.
3. The scope of civil compensation is based on the provisions of Article 17 of the [Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases], including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and so forth.
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Conclusion: Rushing to the house and beating someone, where the circumstances are serious, constitutes the crime of intentional injury.
Analysis: Those who assault others, or intentionally injure others, are to be detained for not less than 5 days but not more than 10 days, and fined between 200 and 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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Legal analysis: If it constitutes a crime, it will be punished according to the crime of intentional destruction of property, and if it does not constitute a crime, it will be dealt with in accordance with the public security punishment and demand compensation for losses. Smashing someone's door means knowing that the sentence is different in different circumstances.
If a crime is not constituted, punishment shall be carried out in accordance with the administration of public security, and if a crime is constituted, the specific punishment shall be determined according to the value of the damage.
Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 26: Those who commit any of the following acts are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB
1) Gang fighting;
2) Chasing or intercepting others;
3) Forcibly taking or arbitrarily destroying or occupying public or private property;
4) Other acts of picking quarrels and provoking trouble.
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Summary. If you go into someone's house to fight after drinking, and the result is that the injury is minor, then the public security organ should file a case for investigation and investigate the criminal responsibility of the beater, and if the public security organ does not file a case, it may file a private criminal prosecution in the people's court to demand that the beater be held criminally responsible.
If you go into someone else's house to fight after drinking Chashihuai, and the result is that the appraisal is a minor injury, then the public security organ should file a case for investigation and investigate the criminal responsibility of the beater, and if the public security organ does not file a case, they can file a criminal private prosecution with the people's court to demand that the beater be investigated for criminal responsibility.
I hit him, so it's just self-defense.
May I ask who of you two was the first to do it? Did it constitute a minor injury?
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In accordance with the regulations promulgated by the former Ministry of Public Security, the injury is due to the disability of the deceased worker in the following cases, and the "Trial Measures for Work-related Injury Insurance for Employees of Enterprises" of the deceased worker shall be counted as work-related injuries in August 1996 and shall be recognized as work-related injuries
1) Engaged in daily production and business operation units, work or the person in charge of the unit temporarily designated to work in an emergency, although there is no designated person responsible for the unit, but the work is directly related to the vital interests of the unit;
2) The unit in charge arranges or agrees to engage in relevant scientific experiments, inventions and technological improvements; pesos (3) exposure to harmful factors in the production and working environment caused by occupational diseases;
4) Accidental injury or sudden illness caused by the death of the work or the loss of the ability to work after the first rescue, the tense time and area of the production work, due to the unsafe within; Day (5) in the performance of duties due to personal injury to the disaster area; (6) Engaging in activities to safeguard the national and social public interests, such as emergency rescue, disaster relief, and rescue of people; Peso (7) for duty, due to the war ban demobilized soldiers old wounded ** after the work of the enterprise; Day (8) On a business trip, due to work reasons, personal injury or loss caused by a traffic accident or other accident, or due to sudden illness or death caused by the first rescue after the total loss of work ability. I am not responsible for the route passed at night at the specified time peso (9), or my primary responsibility for not causing a road traffic motor vehicle accident; (10) Other laws and regulations.
According to the "Trial Measures for Work-related Injury Insurance for Employees of Enterprises" stipulated by the Ministry of Labor, injuries, disabilities, and deaths caused by one of the following circumstances shall not be recognized as work-related injuries issued in August 1996: (1) Crimes or illegal acts;
2) suicide or self-harm; pesos (3) dozen; (4) alcoholism; (5) Intentional violation; (6) Other circumstances provided for by laws and regulations.
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In accordance with the "Public Security Administration Punishment Law", he is to be detained for between 5 and 10 days, and may be fined up to 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.
Public Security Administration Punishment Law
Article 15: Where a drunk person violates the administration of public security, he shall be punished.
Where a person who is intoxicated is in a state of intoxication and poses a danger to himself or to the person, property, or public safety of others, protective measures shall be taken to restrain him until he sobers up.
Article 49: Those who steal, defraud, rob, snatch, extort, or intentionally damage public or private property are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.
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In the case of public security incidents, the public security organs shall restrain them until they sober up, compensate the parties for their losses, and detain them for 15 days.
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Summary. Hello, in this case, the other party is justified and you may be required to pay compensation.
Drink and kick the door of someone's house to curse and then start beating someone first, but what to do if the other party is injured.
Hello, in this case, the other party is justified and you may be required to pay compensation.
I disturbed him to the point that he fell on the road and bleed in his head, and now that he is cured, he is not discharged from the hospital, and the medical expenses are all paid by me, in fact, Li Hui is that he drank too much wine and kicked the door of our house and scolded the Qingji people for robbing my mobile phone, you can call the police to deal with it, you are justified in defense.
The medical expenses were 16,000 yuan, and now that he has been cured, the doctor said that he can be discharged from the hospital now, he just won't be discharged from the hospital, and let me pay him.
So you have to call the police to sue him, you are at most overly defensive, and he bears most of the responsibility.
He's going to take most of the blame.
You can go to a lawyer for a consultation and you will find out.
Okay, thank you.
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It is not illegal to knock on someone's door in the middle of the night while drunk. As long as it is not destructive or intended to commit an illegal act, then it is not illegal to knock politely and normally. If no property or personal injury is caused, it does not constitute a crime.
However, they may be suspected of violating the Public Security Administration Punishment Law, and they can be called to the police, accusing them of picking quarrels and provoking trouble, and asking the public security to impose a public security administrative punishment. However, if the door is damaged after knocking, and the property loss of the door reaches more than 5,000 yuan, it is suspected of the crime of intentional destruction of property. Whether this crime is constituted can be judged from the following aspects:
1. Object element, the object of infringement of this crime is the ownership of public or private property;
2. Objective elements: This crime is objectively manifested as the destruction or damage of public or private property in a relatively large amount or with other serious circumstances. The crime of intentional destruction of property refers to the use of methods such as burning or smashing to completely deprive items of their value or use value; Damage is the partial loss of the value or use value of an article;
3. Subject elements: The subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute this crime;
4. Subjective element, this crime is manifested as intentional in the subjective aspect. The purpose of the offence is not to obtain property illegally, but to destroy it.
Legal basisArticle 26 of the Law of the People's Republic of China on Public Security Administration Punishments.
Those who commit any of the following acts are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB
1) Gang fighting;
2) Chasing or intercepting others;
3) Forcibly taking or arbitrarily destroying or occupying public or private property;
4) Other acts of picking quarrels and provoking trouble.
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