August 14, Nanyang, Henan, when a bus was waiting for a red light, suddenly a male passenger got on the bus and crashed into the driver's position, holding the driver's head and slapping him ten times. Some passengers in the car stepped forward and beat the scene. The company said that the driver had a head injury and went home to rest. The hitter has been detained by the police.
Intentionally hurting or beating others to cause minor injuries is a public security case, which is divided into two situations:
1. It depends on the wishes of both parties whether the two parties solve the problem by themselves or the people's mediation organization or reach an agreement. Except for serious violations of public security management or reconciliation agreements, public security organs usually do not intervene.
Two, the parties report to the public security organ, the public security organ shall investigate the facts of the case, and determine and collect evidence after reporting. If the facts of the case are clear, mediation can be conducted according to Article 9 of the People's Republic of China (PRC) Public Security Administration Punishment Law. Mediation should be conducted in principle, and it can be conducted again when necessary. Mediation shall make a Mediation Record. If the mediation is successful and the parties reach an agreement and perform it, the public security organ will not punish it. The handling unit that has reached a mediation agreement shall make a mediation agreement for public security cases; If the parties fail to reach an agreement through mediation, the public security organ shall, in accordance with the provisions of Article 43 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, make a decision on administrative punishment for those who violate public security administration. At this point, the proceedings of the public security organs have ended, and the issue of civil compensation has been violated. The people's court has filed a lawsuit or submitted it to a people's mediation organization for mediation.
Intentional injury resulting in minor injuries is a minor criminal case, and the victim as stipulated in the Criminal Procedure Law has evidence. The victim may bring a lawsuit to the people's court or request the public security organ to handle it. The handling of such cases is complicated and can be divided into the following categories:
1. It depends on the wishes of both parties whether the two parties solve the problem by themselves or the people's mediation organization or reach an agreement. Except for serious violations of public security management or reconciliation agreements, public security organs usually do not intervene.
Two, after receiving the report, the public security organ will first accept the criminal case, and after putting forward the opinion of injury appraisal, it shall ask the appraisee whether it needs to be handled. If the victim asks the public security organ to handle it. The public security organ shall file a case for investigation. (However, the public security organ thinks that the injury is minor and there is no harm, but it is not regarded as a crime. For example, a slap in the face leads to perforation of the eardrum. If the victim doesn't ask the public security organ to handle it, the procedure of the public security organ is over, and the victim is no longer required to file a case for investigation.
Three, the victim directly to the people's court, if the evidence is sufficient and meets the conditions for acceptance, the people's court shall accept it according to law; If the court considers that the evidence is insufficient and needs to be handed over to the public security organ after investigation, the public security organ shall file an investigation.
Four, the public security organs to investigate the case of intentional injury caused by minor injuries is a public prosecution case, no one can plead guilty. At this time, the parties, the public, the procuratorial organs and the legal organs should listen to the opinions of all parties and other relevant personnel, review the voluntariness and legality of the settlement, and preside over the emergence of the settlement agreement. The public security organ may suggest leniency to the people's procuratorate in cases where a settlement agreement is reached. The people's procuratorate may apply to the people's court for lenient punishment. If the circumstances of the crime are minor and there is no need for sentencing, a decision not to prosecute may be made. The people's court may severely punish the defendant according to law.
Five, the public security organ shall make a settlement before filing a case. If there is a judicial expertise opinion, the public security organ usually does not preside over the production of a mediation agreement or a settlement agreement, and the victim will not ask the public security organ to handle the termination procedures; If it obviously does not constitute serious injury, it can be solved by public security or other means.
To sum up, if the victim wants to get more compensation, the best time is that the public security organ does not file a lawsuit after accepting the criminal case. For the injured party, if it wants to bear criminal responsibility, it must try its best to reach a settlement with the victim before the public security organ files a lawsuit.
3. Whoever intentionally injures and causes serious injuries shall bear criminal responsibility. The injured party seeks to know more about the victim by means of compensation for losses and apology. In the legal sense, this is the embodiment of regret. This is an important situation that judges should consider when sentencing, and it is the key to whether they can get probation.
4. Mediation and criminal reconciliation are not applicable to cases of intentional injury or beating that are not caused by civil disputes and should be punished according to law, and the criminal suspect will be punished by public security or criminal punishment.