In March 2015, the People's Court of xxx District, xxx City formed a collegial panel in accordance with the law and held a public hearing on Wang Lin's case of intentional injury against Zhang Xu. After trial, the court ruled that Zhang Xu was guilty of intentional injury in accordance with the law and was sentenced to one year of surveillance. He was also compensated for Wang Lin's medical expenses and other economic losses, totaling 15,000 yuan.
The specific facts of the case are as follows: Wang Lin and Zhang Xu were classmates. In October 2013, Wang Lin borrowed 50,000 yuan from Zhang Xu because he lacked funds for business. The two parties agreed that Wang Lin would return the loan one year later. loan. Due to poor management, resulting in capital losses, Wang Lin failed to repay the loan to Zhang Xu as agreed. Zhang Xu repeatedly asked Wang Lin for the arrears but failed. On November 7, 2014, Zhang Xu went to Wang Lin’s home to demand the money he owed. At Wang Lin's home, Zhang Xu had a dispute with Wang Lin, and Zhang Xu pulled Wang Lin to the xxx police station. On the way to the police station, he met Wang Lin's neighbor Li Xue, who persuaded Wang Lin and Zhang Xu to enter his "Geely Shoe Store" for negotiation. During the negotiation process, the two parties clashed again. After being persuaded by Li Xue to leave, the two fought together. On the same day, Wang Lin felt head discomfort and went to xxx District Hospital for examination and treatment. The hospital diagnosed: (1) concussion; (2) left ear periosteum perforation. For this reason, Wang Lin was hospitalized for 15 days and spent 6,200 yuan**** on medical expenses. According to the xxx Public Security Forensic Appraisal Center, Wang Lin suffered minor injuries. On December 1, 2014, Wang Lin filed a lawsuit with the People's Court of xxx District, xxx City, requesting that Zhang Xu be held criminally responsible and compensated for his medical expenses and other economic losses totaling 30,000 yuan.
Wang Lin submitted the following evidence to the People’s Court: (1) A copy of his ID card to prove his identity; (2) An appraisal opinion from the ×× Public Security Judicial Appraisal Center to prove his injuries. The injury is minor; (3) A discharge certificate from XX District Hospital to prove Wang Lin’s injury; (4) A medical record and medication list from XX District Hospital to prove Wang Lin’s injury and treatment; (5) × 5 medical expense invoices from ×× District Hospital, proving Wang Lin’s injuries and treatment; (5) 5 medical expense invoices from ×× District Hospital, proving that Wang Lin spent 6,200 yuan in medical expenses; (6) 4 transportation bills, proving that Wang Lin It cost Lin 240 yuan in transportation expenses to go to the hospital for a review.
Wang Lin believes that citizens’ physical health is protected by law and is not subject to illegal infringement. Zhang Xu intentionally beat himself and caused minor injuries. He requested the court to rule that Zhang Xu was guilty of intentional injury and to compensate him 30,000 yuan for medical expenses and various economic losses.
The basic information of the parties is as follows:
Wang Lin: 29 years old, male, Han nationality, from ×× city in ×× province, freelancer, living in ×× city in ×× province District ×× Road ×× No.
Zhang Xu: Male, 29 years old, Han nationality, from XX City, XX Province, freelance, currently living at No. XX Road, XX District, XX City, XX Province.
Attachment:
1. Paragraph 1 of Article 234 of the Criminal Law of the People's Republic of China and the People's Republic of China stipulates: Anyone who intentionally harms the body of others shall be sentenced to three years in prison The following: fixed-term imprisonment, criminal detention or surveillance.
2. Paragraph 1 of Article 38 of the "Criminal Law of the People's Republic of China" stipulates that the period of control is from three months to less than two years.
3. Paragraph 1 of Article 36 of the "Criminal Law of the People's Republic of China" stipulates that if the victim suffers economic losses due to criminal behavior, in addition to being given criminal punishment in accordance with the law, the criminal shall also be sentenced according to the circumstances. Compensation for economic losses.
4. Article 204 of the "Criminal Procedure Law of the People's Republic of China" stipulates that prosecution cases include the following cases:
(1) Cases that are handled only upon complaint;
(2) The victim has evidence to prove that it is a minor criminal case;
(3) The victim has evidence to prove that the defendant has violated his personal rights and property rights, and he should be held criminally responsible according to law. Cases in which the authorities or the People's Procuratorate refuse to pursue criminal liability against the defendant.
View answer analysis and correct answer Criminal Private Prosecution
Private prosecutor: Wang Lin, male, 29 years old, Han nationality, from ×× city, ×× province, freelance, living in ×× city No. ×× Road, × District × ×.
Defendant: Zhang Xu, male, 29 years old, Han nationality, from XX City, XX Province, freelance, living at No. XX Road, XX District, XX City, XX Province.
Case: Intentional injury case.
Litigation request: It is judged that Zhang Xu has committed the crime of intentional injury and should compensate himself for medical expenses and various economic losses of 30,000 yuan.
Facts and reasons:
Zi Xing and the defendant were classmates. In October 2013, due to lack of funds for business, Zi Xing borrowed 50,000 yuan from the defendant. The two parties agreed The loan will be repaid after one year of self-imprisonment. Due to poor management, resulting in financial losses, the private prosecutor failed to repay the loan to the defendant as agreed. The defendant repeatedly sought recovery from the private prosecutor but failed. On November 7, 2014, the defendant went to the private prosecutor’s home to demand the money he owed. At the private prosecutor's home, the defendant and the private prosecutor had a dispute, and the defendant pulled the private prosecutor to the xxx police station. On the way to the police station, he met the private prosecutor's neighbor Li Xue, who persuaded the private prosecutor and the defendant to enter his "Geely Shoe Store" for negotiations. During the negotiation process, the two parties clashed again and fought together, and then left under Li Xue's persuasion. On the same day, the complainant felt discomfort in his head and went to xxx District Hospital for examination and treatment. The hospital diagnosed: (1) concussion; (2) left ear periosteum perforation. For this reason, the private prosecutor was hospitalized for 15 days and spent 6,200 yuan**** in medical expenses. According to the appraisal by the xxx Public Security Forensic Appraisal Center, the private prosecutor suffered minor injuries.
The private prosecutor believed that the defendant deliberately beat himself and caused minor injuries to himself, which constituted the crime of intentional injury and caused him to suffer economic losses. In accordance with the provisions of Article 234 Paragraph 1 and Article 36 Paragraph 1 of the Criminal Law of the People's Republic of China, we hereby sue and request the People's Court to investigate the defendant's criminal liability in accordance with the law and compensate himself Medical expenses and various economic losses were 30,000 yuan.
Evidence and sources of evidence:
(1) A copy of the ID card to prove the identity of the private prosecutor; (2) A copy of the appraisal opinion from the ×× Public Security Forensic Authentication Center , proving that the private prosecutor's injuries are minor; (3) a discharge certificate from XX District Hospital to prove the private prosecutor's injuries; (4) a copy of the medical records and medicine list of XX District Hospital to prove that the private prosecutor's injuries (5) 5 medical invoices from XX District Hospital, proving that the private prosecutor spent 6,200 yuan on medical expenses; (6) 4 transportation bills, proving that the private prosecutor spent 240 yuan on transportation to the hospital for review.