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The principle of economic compensation is based on the degree of fault of both parties, and the amount of compensation for the loss, and the lion's words cannot be supported.
The Criminal Law on Minor Injuries provides for fixed-term imprisonment of not more than 3 years, short-term detention or public surveillance. If an agreement of understanding can be reached, a suspended sentence can be imposed.
The provisions of the Criminal Law on Minor Injuries have been understood in the provisions of the Criminal Law, but the sentencing is too broad, and the sentence is controlled at the light level and 3 years at the worst, if the other party does not understand, what is the basis for the sentencing? Sorry for your help! : Mainly based on the degree of fault of both parties, as well as the attitude of admitting guilt, expression of remorse, etc., there are many circumstances in sentencing, which should be comprehensively considered.
Specifically, it depends on the circumstances of the specific case, and it cannot be generalized.
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If the evaluation results are minor, 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.
The scope of civil compensation is based on 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, etc.
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Legal Analysis: This depends on the specific injuries of the victim, and the responsibility is based on the results of the evaluation of the medical structure.
Minor injury refers to the damage caused by various external factors such as physical, chemical, and biological factors acting on the human body, causing a certain degree of damage or partial dysfunction of the structure of tissues and organs, and does not constitute a serious injury but is not a minor injury.
Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms 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 uses especially cruel means to cause serious injuries to the eyes of a person, 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.
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Legal analysis: It is a minor injury, and minor injuries leave sequelae. Slapping generally does not constitute the crime of intentional injury, and minor injuries to the body that have been assessed to be more than minor injuries (including slapping hidden field injuries) do not constitute a crime.
Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 43 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 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 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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It is a minor injury, and minor injuries leave sequelae. Slapping generally does not constitute the crime of intentional injury, and injuries to the human body that are assessed to be more than minor injuries constitute a crime (including minor injuries), and minor injuries do not constitute a crime.
According to the law or take evidence:
Article 43 of the Public Security Administration Punishment Law of the People's Republic of China "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 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 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.
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Legal analysis: Whether a slap on the wrist is a minor injury or not depends on the results of the injury evaluation, and if there is a partial impairment in the sense of hearing, it may constitute a minor injury.
Legal basis: Article 43 of the "Public Security Administration Punishment Law of the People's Republic of China" Whoever assaults another person or intentionally harms another person's body shall be detained for not less than 5 days but not more than 10 days and shall also be 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) 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) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
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Hello. At present, non-legal avenues are no longer possible. Because the case has already been transferred. What you have to do now is to find a criminal defense lawyer. Hopefully get involved sooner.
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