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According to Article 99 of the "Public Security Administration Punishment Law", the time limit for public security organs to handle public security cases shall not exceed 30 days from the date of acceptance; Where the case is major or complicated, an extension of 30 days may be granted upon approval by the public security organ at the level above.
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After calling the police, the police station immediately dispatched the police to stop the fight, and then took both parties to the police station for investigation.
According to Article 99 of the Law on Administrative Penalties for Public Security, the time limit for public security organs to handle public security cases shall not exceed 30 days from the date of acceptance; Where the case is major or complicated, an extension of 30 days may be granted upon approval by the public security organ at the level above. The period for conducting evaluations in order to ascertain the facts of the case is not included in the time limit for handling public security cases.
The public security police station handles general public security cases like this:
1. Preliminary investigation, the police station receives a report from the masses, or a police report sent by 110, and conducts an investigation first, including the suspect (that is, the person who beat the person), the victim (that is, the person who was beaten or the person who was stolen, etc.) on the occurrence, development, result, cause, means, time, place, etc.
2. Further investigation, during which witnesses and other persons who can prove the circumstances of the case and know the facts of the case are investigated to further investigate all the facts of the case, and this period is generally 8 days. When it comes to injuries, the injuries can be identified (that is, the usual injury identification), or the loss of items (** identification). The time for psychiatric evaluation is not included in the time limit for handling cases.
3. Examination and approval, according to the facts of the case, the case-handling personnel will come up with handling opinions according to the legal provisions and examine and approve them layer by layer.
4. Deal with and punish the suspect. Where both parties are dissatisfied with the punishment, they may reconsider.
This is a general procedure, and it is also said in general terms. Generally in about a month, in combination with the case situation, the police station should issue a penalty decision to both parties when handling the case, it is wrong not to receive the penalty decision, after the police station has handled the administrative case (such as administrative detention of the suspect, administrative fines, administrative warnings, etc.), you can bring the "penalty decision", "hospitalization receipt" to the court to litigate on the civil issues of both parties. For minor public security cases caused by civil disputes, the police station can adjust and deal with them, and the police station may not adjust for other reasons, such as the other party's reluctance to adjust, or there are circumstances that cannot be adjusted by law.
You can go to the police station to ask about the specific situation of your case, and then go to the court to file a lawsuit, and the court will go to the police station to collect relevant evidence of the case and make a judgment.
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The police station will generally deal with it in this way, asking the two of you to negotiate and settle it privately, and if the two discussions are not good, and the results of the discussion cannot be agreed, the police station will come forward to mediate, and the mediation will not come out of the results. The police station will deal with it in this way, since there is definitely something wrong with the fight, both sides are injured, each is responsible for their own injuries, and then both parties are fined or detained.
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Legal analysis: First of all, the two parties will be asked to make a record of the conversation to collect evidence, and then after ruling out that it is a legitimate defense, the victim will be allowed to conduct an injury evaluation, and then distinguish the injury and take different treatments: if the victim is slightly injured, then the two parties will be asked to conduct civil mediation, and if a compensation agreement can be reached, the general public security organ will only fine and dismantle the payment; If a compensation agreement cannot be reached, they may be placed in administrative detention (and those who gather to fight or pick quarrels and provoke troubles may also be sentenced).
If the victim is slightly injured, the two parties will also be asked to conduct civil mediation, and if the conditions for criminal settlement are met, it will not be handled as a criminal case; If the conditions for criminal settlement are not met, it must be filed as a criminal case (intentional injury) and transferred to the procuratorate for review and prosecution until the court trial. If the victim is seriously injured, the parties will also be asked to engage in civil mediation, but the case will be transferred to the procuratorate for prosecution and trial in court.
Legal basis: Article 43 of the "Law of the People's Republic of China on Public Security Administration Punishments" Whoever 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 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 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:1First of all, it can be adjusted, and a mediation agreement can be reached, and no penalty will be imposed.
2.Failure to reach a mediation agreement and public security penalties will be imposed.
3.If the crime of intentional injury is constituted, the sentence shall be fixed-term imprisonment of not more than three years, or public surveillance.
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 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.
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Summary. Dear, I'm glad to answer for you the general way to deal with the fight to the police station 1, clarify the other party's injury, whether the other party is slightly injured or slightly injured; 2. If you have a slight injury, the other party is slightly injured, one is mediation, the other party bears your medical expenses, lost work expenses, bed care expenses, etc., in view of the fact that you have a fracture, can assess the disability, but also disability subsidies, you do not pursue the other party's criminal responsibility, the other party's medical expenses can not be paid and let the other party give you some mental compensation. If you want the other party to go to prison, you must make a reasonable claim for the above-mentioned expenses, and the court will award compensation according to law, and you will be held responsible for the injury of the other party, which will be handled by the police station, and you can be detained or fined by the police and bear the other party's medical expenses.
Where fights and brawls caused by civil disputes are relatively minor, the public security organs may mediate and handle them. 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.
Dear, I'm glad to answer for you the general way to deal with the fight to the police station 1, clarify the other party's injury, whether the other party is slightly injured or slightly injured; 2. If you have a slight injury, the other party is slightly injured, one is mediation, the other party bears your medical expenses, lost work expenses, bed care expenses, etc., in view of the fact that you have a fracture, can be assessed as disabled, and also have disability subsidies, you do not pursue the criminal responsibility of the other party, and the other party's medical expenses can not be paid and let the other party judge the old man to give you some mental compensation. If you want the other party to go to prison, you must make a reasonable claim for the above-mentioned expenses, and the court will award compensation according to law, and you will be held responsible for the injury of the other party, which will be handled by the police station, and you can be detained or fined by the police and bear the other party's medical expenses. In cases of fights and brawls caused by civil disputes, where the circumstances are relatively minor, the Chongpai public security organs may mediate and handle them.
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 violator of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may file a civil lawsuit in the people's court in accordance with law regarding the civil dispute.
Article 9: Where the circumstances are more minor, 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, after mediation by the public security organs, the parties reach an agreement, they are not to be punished. Where no agreement or discussion is reached through mediation, or where an agreement is not reached and is not performed, the public security organs shall, in accordance with the provisions of this Law, punish the perpetrators of the violation of the administration of public security, and inform the parties that they may file a civil lawsuit in the people's court in accordance with law regarding the civil dispute.
1. Call the police first, and then apply to Yan Yin** for an injury appraisal, and determine the responsibility of the other party in the coarse lead hall according to the injury appraisal conclusion. If it is determined that the injury is minor or above, then the other party is suspected of a criminal offense and can request that he be investigated for criminal responsibility. 2. You can ask the other party to make civil compensation, claim compensation for medical expenses, lost work expenses, nutrition expenses, fiber care expenses, property losses, etc., and if it constitutes disability, you can also require the other party to compensate for disability compensation.
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The public security organs may mediate and handle the fight. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished. If the matter cannot be resolved through mediation, a public security penalty shall be imposed, and if the crime of intentional injury is constituted, a sentence of not more than three years imprisonment, short-term detention or controlled release shall be imposed.
Article 234 of the Criminal Law stipulates that anyone who intentionally injures another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. 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 the death of a person or who digs up a person by particularly cruel means and causes serious disability shall 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: Generally, the public security organs will require the injured person to conduct an injury appraisal in accordance with relevant regulations according to the condition of the injury, and adopt different methods of reciting and handling the injury according to the results of the evaluation. If the appraisal result is a slight injury, it does not meet the standards for filing a criminal case, the police station will ask the two parties to conduct civil mediation, and if a compensation agreement can be reached, the public security organ will only impose a fine.
Failure to reach an agreement may result in detention and fines.
Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 43 Whoever assaults another person or intentionally harms 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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