those who fight and refuse to reconcile will be detained for 11 to 15 days according to the responsibility of the relevant personnel. If the other party has been slightly injured, the main responsible person may be sentenced to fixed-term imprisonment of less than three years if the other party refuses to reconcile. Because reconciliation is based on the willingness of both parties, no one is qualified to force the parties to reconcile.
1. How to deal with a fight that refuses to be reconciled
If both sides fight and one party fails to mediate, if it constitutes a minor administrative detention for 11-15 days, it will be sentenced to fixed-term imprisonment of not more than three years if it constitutes a minor injury, and 11 years if it constitutes a serious injury.
1. In case of a civil dispute, both parties can't handle it calmly, resulting in a fight, and the injured party is slightly injured, and the party who beat him to a slight injury has violated the criminal law, which constitutes the crime of intentional injury, and will be investigated for criminal responsibility and sentencing in accordance with Article 234 of the Criminal Law, with the principle of fixed-term imprisonment of not more than three years or criminal detention control.
2. The other party has the right not to accept civil mediation. Even if the other party accepts mediation, it will not affect the investigation of criminal responsibility, and the procuratorate will still prosecute according to law. Unless, after reviewing the case, the prosecution finds that the circumstances of the crime are minor, and the criminal suspect has a good attitude of subjective confession, which has not caused serious consequences, of course, if the written understanding of the victim can be obtained, it may basically constitute the conditions or circumstances for the prosecution not to initiate public prosecution. However, this is not necessary, and it is largely determined by the facts of the case, the bad social impact it has caused, the size of social harm and the discretion of the prosecution.
3. If the suspect has no previous criminal record and the prosecution finally brings a public prosecution, the suspect should actively seek probation from the people's court in accordance with the principle of Article 72 of the Criminal Law.
4. If the court finally decides to suspend the sentence, as long as no more crimes are committed during the probation period and the probation period expires, the sentence of restricting personal freedom will not be executed. And publicly announce it.
5. At present, the criminal suspect should try his best to coordinate with the other party and strive for reconciliation. Of course, if the other party offers the conditions for the lion to speak, his own party may not accept it and record the negotiation process, so as to prove that the failure to reach reconciliation is caused by the other party.
6. In view of the fact that the other party took the lead in the dispute, if this fact is recognized by the court, it can be used as the factual basis for the criminal suspect to reduce punishment and civil compensation. Judicial basis: Articles 72 and 234 of the Criminal Law of the People's Republic of China, and 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.
second, how to deal with minor fights?
Minors are young and vigorous, and they are competitive in doing things. Many characteristics determine that they often choose fighting as the main method to solve problems. Due to the limitation of personal strength, in order to win the other side, we should organize as many people as possible to participate. The crime of affray refers to the act of gathering people to fight in groups for improper purposes and undermining the order of the public.
Minors are a special group, and the state attaches importance to the cultivation of minors in all aspects and the protection of their legitimate rights and interests. Article 12 of the Law on Public Security Administration Punishment stipulates: "Anyone who has reached the age of 14 and under the age of 18 who violates public security administration shall be given a lighter or mitigated punishment; If a person under the age of fourteen violates the administration of public security, he shall not be punished, but his guardian shall be ordered to strictly discipline him. "
Article 26 of the Law on Public Security Administration Punishment stipulates: "Whoever commits one of the following acts shall be detained for more than five days and less than ten days, and may also be fined less than 511 yuan; If the circumstances are serious, the offender shall be detained for not less than 11 days but not more than 15 days, and may also be fined not more than 1,111 yuan:
(1) fighting in groups:
(2) chasing or intercepting others;
(3) taking things by force or arbitrarily damaging or occupying public or private property:
(4) other acts of seeking trouble. "
Minors under the age of 14 are still in their infancy, with little social knowledge, and they have no ability to foresee the consequences of their actions and take responsibility. For these minors who violate public security management, education is the main way to distinguish right from wrong and no longer be punished, which is more conducive to their growth. However, not punishing them does not mean leaving them alone. Their guardians should be ordered to strictly discipline them to prevent them from continuing to endanger society.
For minors who have reached the age of 14 and under the age of 18, considering that they have certain control and discrimination, but their ideas are not yet fully mature, we should take lighter or lighter measures for such minors.
"Lighter punishment" refers to determining the public security administration punishment that should be given according to the behavior of the perpetrator who violates the public security administration punishment, and choosing the lighter or lightest punishment within this punishment range. According to the regulations, gang fights should be detained for more than five days and less than ten days, so if minors of this age have this illegal act, giving detention for six or seven days is a lighter treatment.
"mitigation" refers to determining the public security management punishment that should be given according to the behavior of the perpetrator who violates public security management, and giving public security punishment within the next punishment range of this punishment. For example, for theft of public or private property, the law stipulates two punishments: detention and fine. If a person who has reached the age of 14 but under the age of 18 steals, he should be detained, but according to the provisions of this article, the punishment should be mitigated and a fine should be imposed.
1. What should I do if the beaten person is unwilling to mediate?
1. If the beaten person does not agree to mediate, the public security organ can first isolate and review the case, analyze the case and make a treatment plan. The other party has the right not to accept civil mediation. Even if the other party accepts mediation, it will not affect the investigation of criminal responsibility, and the procuratorate will still prosecute according to law.
2. Legal basis: Article 9 of the Law of the People's Republic of China on Public Security Administration Punishment
For acts that violate public security administration, such as fighting or damaging other people's property caused by civil disputes, the public security organs can mediate and handle them. 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, in accordance with the provisions of this Law, punish the violator of public security administration and inform the parties concerned that they can bring a civil lawsuit to the people's court in accordance with the law.
2. How to deal with being beaten after reporting to the police
The treatment after reporting to the police is as follows:
1. The victim should report to the police in time, and then do forensic identification, and determine the legal responsibility of the hitter according to the identification results;
2. If it is identified as a minor injury, the public security organ will impose public security punishment on the hitter and bear the victim's medical expenses, lost time and other expenses. According to the regulations, those who beat others, or intentionally hurt others' bodies, shall be detained for more than five days and less than ten days, and shall be fined more than 211 yuan and less than 511 yuan;
3. If the appraisal result is minor injury, the public security organ shall file a case for investigation and investigate the criminal responsibility of the hitter. If the public security organ refuses to file a case, it may file a criminal private prosecution with the people's court and demand that the criminal responsibility of the hitter be investigated. No matter whether it is public prosecution or private prosecution, an incidental civil action can be filed at the same time, requiring the other party to compensate for medical expenses.
I hope the above contents can help you. If you have any questions, please consult a professional lawyer.
Legal basis:
Article 43 of the Law on Public Security Administration Punishment
Whoever beats another person or intentionally hurts another person's body shall be detained for not less than five days but not more than ten days, and shall be fined not less than 211 yuan but not more than 511 yuan; 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 11 days and less than 15 days, and shall be imposed with a fine of more than 511 yuan and less than 1,111 yuan:
(1) Those who gang up to beat or hurt 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 61;
(3) beating or hurting others for many times or beating or hurting more than one person at a time.