People are impulsive, and we will inevitably have some frictions in our lives, which may cause some bad events, such as fighting. Can the program be reconciled after the fight alarm? Can be reconciled. This is generally applicable to cases where both sides are slightly injured and the nature of the case is relatively light, which is beneficial to both sides. Today, Bian Xiao will show you.
Can the program be reconciled after the fight alarm? Can be reconciled. It is suggested that both parties settle this matter through private consultation, otherwise it will be unfavorable to both parties.
First, the provisions of the "Public Security Administration Punishment Law" on fighting
According to Article 43 of the Law on Public Security Administration Punishment, those who beat others or intentionally hurt others' bodies shall be detained for more than five days and less than ten days, and fined between 200 yuan and 500 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 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.
According to Article 234 of the Criminal Law, anyone who intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
According to the second paragraph of Article 234 of the Criminal Law, whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by taking special courageous actions shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
Second, the alarm program after the fight
In the first case, both sides of the fight are not injured, and the police will mediate on the spot. The overall result is that the two sides will not hold each other accountable for shaking hands and making peace. If mediation fails, it shall be handled as a public security case. In the end, if mediation fails, both parties will be fined up to 500 yuan or administratively detained for up to five days.
In the second case, 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, local economic situation and 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. In the third case, both sides are injured, and the severity of the injury is the same. If all previous judgments are minor injuries, mediate first. If mediation fails, it is recommended that both parties do forensic identification. In this case, if the appraisal is done, the loss will be the greatest, because it is easy to go to the hospital for a set of examinations, but in the end, both sides are not seriously injured, which is equivalent to giving the hospital money.
In this case, it is best for both sides to make peace and treat them separately. If mediation fails, both parties will be administratively detained for 5 to 10 days. If the previous judgment is a minor injury, first mediate and then file a case. If mediation is conducted, both parties will generally be sentenced to probation; if mediation is not conducted, both parties will be sentenced to actual punishment. If the previous judgments are all serious injuries, both parties are likely to be sentenced to actual punishment even after mediation. In the fourth case, if both parties are injured, one is slightly injured (seriously injured) and the other is slightly injured, the injured party will be given priority and mediation will be conducted in advance. If mediation fails, the injured party will be dealt with criminally and the seriously injured party will be dealt with administratively.
Fighting, violation of the engineering management punishment law, soft tissue contusion is a minor injury. The general police station will mediate first. If mediation fails, they may be detained. As for who made a big mistake, it is only a factor of punishment discretion! Therefore, it is suggested that both parties negotiate to solve this matter, otherwise it will be unfavorable to both parties.
We can't solve problems with our fists, we tend to magnify small problems. Before, there was a conflict between two children in Bengbu Wanda, and their fathers punched and kicked each other. As a result, one person died and both families were greatly hurt. Afterwards, they all cried. Can the program be reconciled after the fight alarm? Reconciliation is a matter of mutual benefit. Consult a professional lawyer for details.