First, will the ordinary fighting police station file a case?
The key is to look at the severity of the fight. If it's just a fight, no harm is caused, or only minor harm is caused, the police station will handle it as a public security case. If you are a minor, you will give priority to criticism and education and will not leave a criminal record. If it causes minor injuries or more, it constitutes a criminal case and will leave a criminal record. Punishment for common fights and public security incidents: those who beat others or intentionally hurt others' bodies shall be detained for more than 5 days 10 and fined for more than 200 yuan and less than 500 yuan; If the circumstances are minor, they shall be detained for less than 5 days or fined for less than 500 yuan.
Identification of the degree of combat damage;
1, seriously injured. Disability, disfigurement, loss of hearing, loss of vision, loss of other organ functions or other injuries that have great harm to personal health, including first-degree and second-degree serious injuries;
2, minor injuries. Damage to limbs or appearance, dysfunction of hearing, vision or other organs, or other injuries that cause moderate damage to personal health, including minor injuries of Grade I and II;
3. Minor injuries. Primary injury caused by various injury factors, resulting in slight damage to tissues and organs or slight dysfunction.
If you hit a minor injury above the second level and have been criminally punished, you will have a criminal record. Fighting depends on the severity, and the lighter is a violation of public security and administrative punishment, so the police station will also have a record, but it is not a criminal record. The so-called criminal record is the criminal punishment record.
Second, what are the penalties for fighting?
The penalties for fighting are as follows:
1. Criminal responsibility (circumstances constituting a crime), 1. Anyone who intentionally hurts others, causing minor injuries or more, is suspected of "intentional injury" and belongs to "infringement of personal rights";
2. Beating others at will, disturbing social order, causing more than minor injuries, or beating others at will with a murder weapon, is suspected of "the crime of stirring up trouble" and belongs to the crime of disturbing public order;
3. The two sides have the intention to fight each other, and many people (at least three people on one side) are suspected of "gathering people to fight", which belongs to "disturbing public order";
4. Whoever causes serious injury or death by causing troubles shall be punished according to the crime of intentional injury and intentional homicide.
Second, administrative punishment (illegal, but not a crime);
Three, civil liability, the police handling the case, according to the specific situation in accordance with the law:
1. If the circumstances are minor, both parties can be criticized and educated;
2, if it constitutes a violation of the "Public Security Administration Punishment Law", the parties shall be punished for public security;
3. If a crime is constituted, a criminal case shall be filed and the criminal responsibility of the party concerned shall be investigated;
4. For the losses caused by fighting, the police station can also organize both parties to mediate.
Third, what is the standard for filing a case for beating others?
The criminal filing standard for the crime of intentional injury is that if the victim is slightly injured and fails to meet the filing standard, he can be given public security punishment. Article 43 of the Law on Public Security Administration Punishment stipulates that 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 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.
Beating others in the case of conclusive evidence, the police will file a case for handling, and the perpetrator of beating others also needs to bear certain legal responsibilities for his actions and accept corresponding punishment.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 43 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment stipulates that those who beat others or intentionally hurt others' bodies shall be detained for more than five days and less than ten days, and fined for 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.