If the victim is slightly injured, both parties are allowed to conduct civil mediation and reach a compensation agreement. Generally, public security organs only impose fines, fail to reach a compensation agreement, and may be administratively detained. If the victim is slightly injured, both parties will be allowed to conduct civil mediation. Those who still meet the conditions of criminal reconciliation shall not be treated as criminal cases. Those who do not meet the conditions of criminal reconciliation will be placed on file as criminal cases and transferred to the procuratorate for review and prosecution until the court tries them. If the victim is seriously injured, both parties will be allowed to conduct civil mediation, but the case will be transferred to the procuratorate for public prosecution and tried by the court. In addition, if there is a fight between the two sides, the injury is minor and has not caused a bad social impact, the public security organs will usually criticize and educate both sides.
Those who hit people and cause minor injuries, which constitutes the crime of intentional injury, should not only be detained.
Because it constitutes a crime, if the victim's losses are not compensated and the victim's understanding is not obtained, he will be detained until the sentence expires.
Under normal circumstances, causing minor injuries may be sentenced to one year's imprisonment by the court.
Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime of intentional injury 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 particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
First, fighting doesn't hurt. Can mediation not be detained?
If you are not injured in a fight, you may be detained, which needs to be analyzed according to the actual situation.
Article 43 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment: whoever beats others or intentionally hurts others' bodies shall be detained for more than five days and less than ten days, and shall be fined more than 200 yuan and less than 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.
2. What is the police station's process for handling fights?
The police station will first investigate the specific circumstances of the incident, the specific reasons for the fight, the degree of injury of the parties, and the degree of damage to the surrounding things. The police station conducts investigation and handling, and the public security organ entrusts the victim's injury to be identified. If the appraisal conclusion is more than minor injuries, the perpetrator needs to bear criminal responsibility.
First talk to both sides and take notes to collect evidence, then let the victim identify the injury after excluding self-defense, and then take different treatment methods according to the injury:
1. If the victim is slightly injured, both parties are allowed to conduct civil mediation. If a compensation agreement can be reached, the general public security organs will only be fined; If no compensation agreement can be reached, administrative detention may be imposed (those who gather people to fight and stir up trouble may be sentenced).
2. If the victim is slightly injured, both parties will be allowed to conduct civil mediation. Those who meet the conditions of criminal reconciliation shall not be treated as criminal cases; Those who do not meet the conditions of criminal reconciliation shall be placed on file as criminal cases (intentional injury) and transferred to the procuratorate for review and prosecution until the court hears them.
3. If the victim is seriously injured, both parties will be allowed to conduct civil mediation, but the case will be transferred to the procuratorate for public prosecution and tried by the court.
If there is a fight between the two sides, the degree of injury can be determined through judicial expertise. However, if the injury is particularly minor and has not caused adverse social impact, the public security organs will usually criticize and educate both sides.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Twenty-sixth "People's Republic of China (PRC) public security management punishment law"
Whoever commits one of the following acts shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may be fined 1000 yuan:
Gang fighting;
(2) Chasing or intercepting others;
(three) extortion or arbitrary damage, embezzlement of public or private property;
(4) Other provocative acts.
Forty-third "People's Republic of China (PRC) Public Security Management Punishment Law"
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.