First, to win the understanding of the injured, you can give a lighter punishment to the beating party. According to the law, cases of intentional injury and minor injuries can be prosecuted, prosecuted and settled privately. The purpose of this law is to alleviate social contradictions to the greatest extent, so that the injured can get timely assistance and the parties can have more rights. If the two sides can reach a mediation agreement privately after the injury incident, the parties will not call the police and the police will not take the initiative to come to the door. If one party has called the police, and the two parties reach a settlement agreement after the alarm, the beating party may be given a lighter or mitigated punishment, and the punishment will not be exempted under normal circumstances. The police can't dismiss the case just because both parties have submitted applications for dismissal. Whether to withdraw the case is decided by the police according to the specific circumstances.
If the case cannot be dismissed, the criminal responsibility of the beating party should be investigated, because the understanding of the injured person has been obtained, and the beating party can be given a lighter punishment, and a suspended sentence can be declared if the circumstances are minor. If the understanding of the injured person is not obtained, it is less likely to announce the suspension of the beating party. Without the understanding of the injured, it shows that there are still unresolved contradictions between the two sides, which may also lead to other illegal and criminal acts, so it is impossible to punish the beating party lightly.
Second, understand the reasons why the other party is unwilling to mediate and take corresponding measures. The injured are unwilling to mediate, mainly because the other party's grievances have not disappeared or the amount of compensation is difficult to reach an agreement. First of all, the beating party is at fault first, so take the initiative in the mediation process and express real apologies. Let the injured party calm down for a while, then find an intermediary to do the work, and there is still room for relaxation. Secondly, in terms of the amount of compensation, the party who hit people must suffer, who told you to hurt others! You know, these compensations are not only the medical expenses of the other party, but also the necessary expenses to ensure that you are not imprisoned. At the same time, the injured party should be made aware of their tolerance. If the injured side of the lion opens its mouth and leaves the beaten side cornered, it is not good for both sides. Finally, the beating party can ask the police and lawyers for help, and let the police do some work for the injured. The police don't want to complicate the problem.
If mediation and coordination cannot be achieved through the above measures, the beating party had better hire a lawyer, collect evidence that the other party is at fault, and prepare for the trial. Even in court, the beating party can't give up the opportunity, and should show the court that he is willing to take the initiative to bear the liability for compensation, because the other party's offer is too high to reach an agreement. The criminal suspect's confession and repentance is also a plot to strive for a lighter punishment.
Third, if reconciliation is really impossible, there is no need to force the police to file a case. The result of mediation with the other party only affects sentencing, not conviction. Understanding can strive for leniency, but it is not everything. Understanding is a lighter condition, and it is not necessarily impunity after understanding. If you have done all the necessary work and the other party is still unwilling to mediate, so be it! Just find a lawyer to handle the trial!
Article 290 of the Criminal Procedure Law? For cases that have reached a settlement agreement, the public security organ may make suggestions to the people's procuratorate for leniency. The people's procuratorate may put forward suggestions for lenient punishment to the people's court; If the circumstances of the crime are minor and there is no need to be sentenced to punishment, a decision not to prosecute may be made. The people's court may punish the defendant lightly according to law.
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