According to the Regulations on the Administration of Public Security, if fighting is considered as a crime or subject to administrative punishment, the police station should detain the victim and the attacker. Minor injuries do not constitute a criminal case and do not bear criminal responsibility, but they should bear civil liability for compensation.
If the circumstances are minor, such as fighting, damaging other people's property and other acts in violation of public security management caused by civil disputes, the public security organ may mediate. If the parties reach an agreement through mediation by the public security organ, they will not be punished. If the mediation fails to reach an agreement or fails to perform after reaching an agreement, the public security organ shall punish the violator of public security administration in accordance with the relevant provisions, and inform the parties that they can bring a civil lawsuit to the people's court according to law.
If one party is injured, the police will mediate first and do the work to let the other party compensate the injured party for medical expenses and other losses. The amount of compensation depends on the injury, the local economic level and the mediation between the two parties. If mediation fails, the police will advise the injured to go to the hospital for examination and forensic identification, and treat it as a public security case. The results of forensic identification are divided into several grades, which do not constitute minor injuries, minor injuries, minor injuries or serious injuries. Those who are slightly injured or above shall be treated as criminal cases. If it is a minor injury, if mediation fails in the later period, both parties will be administratively detained. The injured party shall be detained for less than 5 days, and the other party shall be detained for 5 days to 10. Medical expenses need to be reimbursed through court proceedings. If the injury is more than minor injuries, the other party will be subject to criminal punishment if no settlement is reached with the injured person.
It depends on the cause and process of the fight. You can't just judge by the results. According to the general fight, in line with the principle of not suing and ignoring, if no one accuses the other party, it will not be handled. The handling of fights is minor and can be mediated. If mediation is not possible, the public security organ shall make a decision on public security punishment according to law. The parties may also bring a lawsuit to a court that handles civil disputes. Penalties for fighting generally include public security detention, fines and other penalties.
Criminal detention must meet two conditions:
1. The object of detention is a flagrante delicto or a major suspect. An active criminal refers to a person who is committing a crime, and a major suspect refers to a person who has evidence to prove that he is suspected of a major crime.
It has a legal emergency. Regarding what is an emergency, Article 80 and Article 163 of the Criminal Procedure Law have different provisions on detention by public security organs and detention by people's procuratorates.
Article 80 of the Criminal Procedure Law adopts the enumeration method, stipulating that a flagrante delicto or a major suspect under any of the following circumstances shall be punished. The public security organ may detain in advance:
1. Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime.
2. The victim or the person who saw it with his own eyes identified him as a crime.
3. Found criminal evidence around or at the residence.
4. Attempted suicide, escape or escape after committing a crime.
5. It is possible to destroy, forge evidence or collude with others.
6, don't tell the real name, address, unknown.
7. Suspected of committing crimes on the run, committing crimes many times, and committing crimes in partnership.
3. The criminal suspect is detained in the detention center, and only the defense lawyer can meet with him before sentencing.
According to the relevant provisions of the Criminal Procedure Law, defense lawyers can meet and correspond with criminal suspects and defendants in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
In cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
The provisions of the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.
According to the relevant provisions of the Criminal Procedure Law: "When a public security organ detains a person, it must produce a detention permit."
The detention certificate should have the official seal of the Public Security Bureau and the signature of the person in charge of the Public Security Bureau (the public security bureau chief or deputy director in charge).
The police have no right to decide to detain any citizen.
Other government agencies also have no right to detain any citizens.
Criminal detention is a compulsory measure taken in an emergency. Generally speaking, the procuratorate and the court do not use it, so the procuratorate and the court have no right to detain. Under special circumstances, when the procuratorate or the court deems it necessary to take detention measures, it shall request the public security organ to exercise the right of abode.
After the criminal suspect is detained again, only the defense lawyer can meet the criminal suspect, and also need to apply to the people's court and procuratorate. Family members are not allowed to meet criminal suspects. At the same time, under some special circumstances, the suspect will not be informed of his detention.
legal ground
People's Republic of China (PRC) Public Security Administration Punishment Law
Article 43
Beating others, or intentionally hurting others' bodies, shall be detained for more than five days and less than ten days, and a fine of more than 200 yuan and less than 500 yuan shall be imposed; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.
Under any of the following circumstances, the offender shall be detained for more than 10 and less than 15, and fined for more than 500 yuan 1000 yuan:
(a) gang beating, hurting 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) Beating or injuring others for many times or beating or injuring more than one person at a time.
Criminal Procedure Law of the People's Republic of China
Article 82
The public security organ may detain an active criminal or a major suspect in any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.