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The police station handles the process of dealing with fights and brawls
When the public security organs deal with a fight case in a public security case, the victim (that is, the victim who was beaten) usually mediates for both parties, and the purpose of mediation is to resolve the hatred between the two parties so as to avoid the recurrence of the grudge in the future.
After the mediation is completed, both parties write the "Voluntary Mediation Application" and sign the "Mediation Agreement", the "Mediation Agreement" is in triplicate (each party holds one copy, and the public security organ files one), involving the amount of compensation, it is paid in person at that time, and the payee must write a receipt to the other party.
If the mediation is unsuccessful, or if the parties are unwilling to mediate with the other party, the public security organs shall impose public security penalties on the suspects.
Relevant Laws
Article 43 of the Public Security Administration Punishment Law: Whoever assaults another person, or intentionally harms another person's body, is to be detained for not less than 5 days but not more than 10 days, and is also 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.
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Fight police station processing process:
1. If the circumstances are minor, both parties can be criticized and educated.
2. If it constitutes a violation of the "Public Security Administration Punishment Law", the party concerned may be punished for public security.
3. If a crime is constituted, a criminal case shall be filed to investigate the criminal responsibility of the parties. In addition, for losses caused by fights, the police station can also organize mediation between the two parties. According to the provisions of Article 43 of the "Public Security Administration Punishment Law", whoever assaults another person, or intentionally harms 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.
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.
[Legal basis]:
Article 43 of the Law of the People's Republic of China on Public Security Administration PunishmentsThose 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. 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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In our real life, if you are hospitalized in a fight, and the police station has not dealt with it after being discharged, then you can directly sue the court and require the other party to bear certain civil liability for compensation, of course, if it constitutes a criminal offense, you can also carry out criminal prosecution, legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 43 Whoever beats another person, or intentionally harms the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall 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. 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 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.
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The police station's handling of fights and brawls will first investigate and clarify the specific circumstances of the incident, the specific causes of the fight, the extent of the injuries of the parties, and the degree of damage to the surrounding things. The police station is to conduct an investigation and handle it, and the public security organ is to entrust an evaluation of the victim's injuries, and if the evaluation conclusion is that the injuries are more than minor, the perpetrator needs to bear criminal responsibility.
Legal basis: Article 9 of the "Public Security Administration Punishment Law" The public security organs may mediate and handle violations of the administration of public security such as fights or damage to other people's property caused by civil disputes, where 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 violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.
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In our real life, if you are hospitalized in a fight, and the police station has not dealt with it after being discharged, then you can directly sue the court and require the other party to bear a certain amount of civil liability, of course, if it constitutes a crime in the criminal bureau, you can also carry out criminal prosecution, legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 43 Whoever beats another person, or intentionally harms the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall 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. 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) Gangs up to beat or injure 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.
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I. Procedures for Handling Injuries Injured in Fights The police station is to conduct an investigation and handling, and the public security organs are to entrust an appraisal of the victim's injuries, and if the appraisal concludes that the injuries are more than minor, the perpetrator needs to bear criminal responsibility. It is recommended that the victim be hospitalized**, and the specific amount of compensation can be determined only after the hospitalization** is completed, and the amount of compensation can be determined based on several aspects, First, the age of the victim and the age structure of his family members;The second is the victim's disability level;The third is the victim's habitual residence and main incomeFourth, whether to continue**and** and so on. The legal issues are indeed complex, and the criteria for determining the level of disability are quite complex, distinguishing them by mental, physiological, and anatomical abnormalities and the resulting loss of the ability to live, work, and socialize to varying degrees.
There are also a lot of factors that can't be ***. Only an application to the court for appraisal after filing a lawsuit can be used as a valid basis for legal compensation. Personal injury compensation includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and if the victim is disabled due to injury, it is also necessary to increase the disability compensation, disability assistive device expenses, and living expenses of dependents, as well as necessary expenses, nursing expenses, follow-up expenses, and spiritual solace funds actually incurred due to nursing and continuation.
The police station's handling of fights and brawls will first investigate the specific circumstances of the incident and the specifics of the fights and brawls II. Public Security Administration Punishment Law Provisions on Fights and Brawls [Minor Injuries] Article 43 of the "Public Security Administration Punishment Law" provides that a person who beats or assaults another person, or intentionally injures another person's body, 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. In any of the following circumstances, a person shall be detained or detained for between 10 and 15 days and fined between 500 and 1,000 RMB: (1) Gang beating, 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.
Article 234 of the Criminal Law Whoever intentionally injures the person or body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or custody. Article 234, paragraph 2 of the Criminal Law, where a person commits the crime described in the preceding paragraph and causes 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, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
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If you can mediate on the spot, the public security organs will mediate on the spot, and if you can't adjust the situation, you will be brought to the public security organs for treatment, if someone is injured, you will also call 120 emergency ** in time for treatment, and the handling of the public security organs is also decided in combination with the results of the injury appraisal of the beaten person.
1. What is the process of handling fights at the police station?
Step 1: After receiving the police, the public security organs will quickly dispatch the police;
Step 2: After arriving at the scene, dispose of it according to the on-site situation;
If they continue to fight and fight, and the existing police force cannot deal with it, immediately call for support, and on the premise of ensuring their own safety, they can give verbal warnings, stop with bare hands, and use police equipment to stop them, and if they meet the requirements, they can use **. If it cannot be stopped, it is necessary to do a good job of collecting evidence. After stopping, if it does not constitute a crime, it can be mediated on the spot, and if it cannot be mediated, it can be brought to the public security organ for handling (if there are injured, call 120 emergency ** for treatment).
If it has ended and does not constitute a crime, on-the-spot mediation can be conducted, and those that cannot be mediated can be brought to the public security organ for handling (if there are injured people, call 120 emergency ** for treatment).
Step 3: If it cannot be mediated on the spot or constitutes a crime, evidence shall be collected in accordance with the law and punishment shall be imposed.
1. After evaluation: If the victim is slightly injured, does not constitute an injury, or does not require an appraisal, and the two parties cannot reach a mediation agreement, the public security organ will punish the victim in accordance with Article 43 of the "Public Security Administration Punishment Law".
2. After evaluation: If the victim is slightly injured or seriously injured, it constitutes the crime of intentional injury, and shall be convicted and sentenced in accordance with article 234 of the Criminal Law.
In any of the following circumstances, the circumstances are relatively minor:
1) Disputes between relatives, friends, neighbors or colleagues, and both parties are at fault;
2) Assault occurs between minors or school students, and the consequences of the injury are relatively minor;
3) The perpetrator's assault was caused by the victim's previous wrongdoing, and the consequences of the injury were relatively minor;
4) Both parties are subjectively at fault, and the consequences of the injury are relatively minor.
2. What are the penalties for fighting
Article 43 of the Public Security Administration Punishment Law: Whoever assaults another person, or intentionally harms another person's body, is to be detained for not less than 5 days but not more than 10 days, and is also 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. Ganging up to beat or injure others;
2. Assaulting or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60;
3. Assaulting or injuring others multiple times, or beating or injuring multiple people at one time.
If the fight did not cause any substantial harm to both parties, in fact, after arriving at the scene, the public security organs will first bring the people involved in the fight to the designated place, and after understanding the reasons for the fight, they will conduct mediation. When dealing with some vicious fights, the public security organs may directly follow the procedures for filing and investigating criminal cases, but it is best to cooperate with the normal work of the public security organs after arriving at the police station. That's all I put together.
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