Minor injury first-degree disharmony case

Case: 20 18 1 1, when Dai Moumou went to a gas station in Yunyan District, Guiyang City to refuel, he had an argument and a fight with the owner of another car because there were too many cars in line. Dai Moumou broke his opponent's eye with a car key, bleeding profusely, and was identified as a minor injury. Both sides were taken to the police station that day and mediation failed. Both of them were placed in administrative detention, and the appraisal result was minor injuries. Dai Moumou was detained in criminal detention. Due to communication difficulties, no settlement was reached. After Dai was arrested, he was detained.

After the case was transferred to the procuratorate for review and prosecution, my family entrusted me to intervene in the case, provide a detailed legal service plan within one week, and assist both parties in mediation to reach a settlement. At the same time, he communicated with the prosecutor, submitted a relatively non-prosecution legal opinion, and suggested not to prosecute Dai Moumou, which was later adopted and released. You can claim civil compensation for minor injuries. You can bring a civil lawsuit to the court and demand compensation from the other party. According to the appraisal conclusion of the public security organ, the other party has caused you minor injuries and has been suspected of intentional injury. During the criminal trial, you can file a civil lawsuit incidental to criminal proceedings for compensation, or you can file a civil lawsuit separately.

Legal basis:

Article 36 of the Criminal Law of People's Republic of China (PRC) * * * If the victim suffers economic losses due to criminal acts, he shall be given criminal punishment according to law and compensation for economic losses shall be given according to the circumstances. About the items and amount of compensation.

Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, if the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and income reduced due to missed work, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.

The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases Article 19 Medical expenses shall be determined according to receipts and vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence. If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof. The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the debate in the court of first instance. The obligee can sue separately after deducting the necessary rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses of organ function recovery training. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.