If a person is beaten, there are generally three solutions, but first, the victim's forensic injury assessment results must be used as the basis for judgment.
First, if the injury is identified as minor and it is an ordinary civil dispute, the two parties can resolve it through mediation or litigation. After the judgment, there is generally no other liability except compensation liability;
The public security organ should based on In specific circumstances, the person who hits someone will be subject to a public security penalty of not less than five days but not more than fifteen days, and a fine of not less than 200 yuan but not more than 1,000 yuan.
Second, if the identification results are minor injuries, the public security organs should file a case for investigation and hold the perpetrator criminally responsible. At the same time, they can file an accompanying civil lawsuit to demand compensation for medical expenses.
3. If the injury does not constitute a minor injury and the batterer needs to pay medical expenses, he can sue the court in a civil tort dispute to claim compensation for medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, and hospitalization expenses. Food subsidy, nutrition and other necessary expenses.
It should be noted that whether it is mediation or prosecution, attention must be paid to the collection of treatment fees, lost work fees, nutrition fees, and materials proving the injury.
In addition, there is no rigid requirement that the public security organs must host mediation, but in practice, reconciliation is a condition for lenient treatment, and we generally seek the opinions of both parties. If there is too much disagreement, we will follow the procedures.
Lawyer Ouyang suggested:
Reconciliation is the first option. If reconciliation is not possible, the parties will be dealt with according to their respective injuries.
Legal basis:
Article 43 of the "Public Security Management Punishment Law"
Whoever beats others or intentionally injures others shall be sentenced to not less than five days and ten years in prison Detention for not more than five days and a fine of not less than RMB 200 but not more than RMB 500;
If the circumstances are minor, the offender shall be detained for not more than five days or fined not more than RMB 500.
Whoever commits any of the following circumstances shall be detained for not less than 10 days but not more than 15 days, and shall be fined not less than 500 yuan but not more than 1,000 yuan:
(1) Beating or injuring others in groups;
(2) Beating or injuring the disabled, pregnant women, people under the age of fourteen, or people over the age of sixty; (3) Beating or injuring others multiple times or Beating and injuring multiple people at once.