How is domestic violence a minor injury?

The parties who often consult said that they did not call for help after suffering from domestic violence. But there are many domestic violence in real life. So what is a minor injury? Next, let's get to know each other.

Minor injuries refer to

In daily life, due to minor injuries, some functions of the body are damaged or some functions are directly lost. In minor injuries, it should be noted that not all injuries will constitute minor injuries. Therefore, the degree of minor injuries needs to be considered comprehensively, rather than just judging whether minor injuries constitute minor injuries. Therefore, when suffering from domestic violence, we must first collect good evidence. At the same time, if the victim suffers less damage, he can directly ask the offender to bear the liability for compensation.

Second, what is domestic violence?

Article 2 of the Anti-Domestic Violence Law of People's Republic of China (PRC) stipulates that domestic violence refers to physical and mental violations committed by family members in the form of beating, binding, mutilation, restriction of personal freedom, frequent abuse and intimidation. According to the provisions of Article 6 of the Anti-Domestic Violence Law of People's Republic of China (PRC), if violence between people living with other family members causes casualties, compensation shall be given according to the number of people, and if it is harmless to the victims of domestic violence, certain spiritual comfort may be given; If damage is caused to the on-the-job personnel of the unit, a fine shall be imposed in accordance with the relevant provisions of the unit; If the case constitutes a crime, criminal responsibility shall be investigated according to law; Does not constitute a crime, shall be punished by the public security organs in accordance with the "People's Republic of China (PRC) public security management punishment law"; If a crime is constituted, criminal responsibility shall be investigated according to law. The units and individuals mentioned in the preceding paragraph refer to natural persons who live together except unit members and family members. The specific scope includes: persons without civil capacity and persons with limited civil capacity; People who are deprived or restricted of their capacity for civil conduct and have no capacity for civil conduct according to law; A natural person who causes serious consequences due to serious health reasons such as personality change, mental abnormality and incurability, and commits acts such as intentional injury, abuse, abandonment of children and mental attack. , leading to their lives in trouble, unable to work and live normally. "

Third, how should the victim give evidence?

In order to prevent the occurrence of domestic violence, victims should collect evidence in time when domestic violence occurs. In the process of collecting evidence, we should pay attention to collecting relevant evidence after domestic violence. First, evidence of injury, such as alarm records, injury appraisal books, appraisal opinions issued by appraisal institutions, etc. The second is the evidence that the victim was injured in domestic violence, such as alarm records, injury identification books, medical records, audio-visual materials, photos of the injured, etc. Third, the evidence of injury, such as whether the perpetrator is at fault, whether the perpetrator has domestic violence (such as whether he was beaten) and so on. Fourth, the evidence of injury can be evidence of domestic violence within one year from the date of injury.

Fourth, how to confirm the injury?

Minor injuries mainly include skin abrasions, subcutaneous bleeding, swelling and minor injuries in other parts of the body, such as palm skin trauma and granuloma after palm. Minor injuries are generally identified by public security organs. If the victim suffers from domestic violence at home, it is suggested that the parties should call the police first, and then entrust a lawyer to call the police in time to seek legal help. After calling the police, you can ask the public security organ about the contents of the investigation, such as how the injury happened and how it happened. In addition, you can also apply to the people's court for personal injury compensation.

Verb (abbreviation of verb) How to apply for injury identification?

The Measures for Handling Personal Injury Accidents stipulates that the parties to personal injury accidents may entrust others or medical institutions established by the residents' committees or villagers' committees where the victims are located to issue expert opinions, or they may apply to the people's courts for judicial expertise. The parties concerned shall provide evidence of conflicts or violent incidents between themselves and the perpetrators, such as photos of the scene, injuries, etc., for further reference when the people's court hears the case. Judicial expertise should be completed in the course of litigation. If the perpetrator who caused serious injury or death due to intentional crime or gross negligence needs to make judicial appraisal of the injury, the people's court shall promptly notify the relevant appraisal institutions to participate in the appraisal.