If detention is necessary, it will generally not exceed two weeks. Pay attention to communicate with the unit and family members and do a good job of docking.
Legal analysis
Personal injury, the most direct legal relationship is tort compensation. According to the general principle of tort law, the purpose of tort compensation is to "restore the original state". Then, if the "accidental injury" mentioned in the title is identified as minor injury, if you go to the clinic for medical treatment, or on top of it, the compensation amount is the sum of the comprehensive amounts of these expenses (medical expenses, nursing expenses, transportation expenses, etc.).
In addition, because according to the provisions of the Law on Public Security Administration Punishment, both parties can be exempted from punishment if they reach mediation. Accordingly, the mediation written by the public security department can exempt those who violate the administration of public security from punishment. The mediation written by both parties not only has the legal effect of mutually eliminating the infringing debts, but also can be used as a reference for the administrative organ not to punish the relevant actors. That is to say, similar to "plea bargaining" in the American criminal procedure system, if the other party is exempted from administrative punishment through mediation, it can generally be considered that "a fine of more than 200 yuan but less than 500 yuan" can also be added to the compensation amount. However, if the compensation demanded by the other party during mediation is too high, you can also ask the public security to give suggestions for change. Administrative punishment can only be considered if mediation is really impossible.
The specific situation needs specific judgment. If it is only a temporary excitement without causing harm, there will be no corresponding compensation.
legal ground
Article 179 of the Civil Law of People's Republic of China (PRC) infringes upon others and causes personal injury, it shall compensate the reasonable expenses of medical treatment, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, etc., and the income reduced due to missed work. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.
Article 9 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, if the circumstances of fighting or damage to other people's property caused by civil disputes are minor, 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 provisions of this law, and inform the parties that they can bring a civil lawsuit to the people's court according to law.
"People's Republic of China (PRC) Public Security Administration Punishment Law" Article 95 After the investigation of public security cases is completed, the public security organs shall make the following treatments according to different situations:
(three) if the illegal act has been suspected of committing a crime, it shall be transferred to the organ with jurisdiction for criminal responsibility according to law.
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, he shall be detained for not less than 10 days but not more than 15 days, and shall be fined not less than 500 yuan but not more than 1,000 yuan: (1) beating or injuring others in a gang; (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.