2. If it does not constitute a crime, criminal detention cannot be executed;
3. According to the Law on Public Security Administration Punishment, the police station can carry out public security detention according to the situation.
Fighting is a civil act.
The following general principles of civil law, regulations on administrative penalties for public security and criminal law respectively understand the terms used according to different consequences:
1 Article 119 of the General Principles of the Civil Law of People's Republic of China (PRC) infringes on citizens' bodies and causes injuries, it shall compensate for medical expenses, income reduced due to absenteeism, living allowance for the disabled and other expenses; If death is caused, the funeral expenses and the necessary living expenses of the dependents of the deceased shall be paid.
Article 9 of the People's Republic of China (PRC) Public Security Punishment Law. If the circumstances are relatively minor, the public security organ may mediate and deal with acts that violate the administration of public security, such as fighting and damaging other people's property caused by civil disputes. If the parties reach an agreement through mediation by the public security organ, they will not be punished. If the mediation fails to reach an agreement or fails to perform after reaching an agreement, the public security organ shall punish the violator of public security administration in accordance with the provisions of this law, and inform the parties that they can bring a civil lawsuit to the people's court according to law.
3. Article 234 Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
4. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
5. The crime of intentional injury refers to the act of intentionally and illegally damaging the health of others. In judicial practice, we should pay attention to the following issues in the determination and punishment of this crime:
The key of this crime is that the perpetrator of 1 illegally and intentionally harmed the health of others. In this regard, we should pay attention to the following two points: (1) The illegality of injury is the premise of this crime. If the injury is legal, such as self-defense or emergency avoidance, it does not constitute a crime; (2) The intentional injury of this crime must be the health of others. Self-injury behavior cannot constitute this crime, but it may constitute other crimes under special circumstances. For example, a soldier who injures himself in order to avoid military obligations in wartime shall be punished as the crime of wartime self-mutilation in accordance with the provisions of Article 434 of the Criminal Law.
The degree of injury that constitutes this crime is limited to three situations: minor injury, serious injury and death due to injury. Minor injuries and general beatings below minor injuries do not constitute this crime. The criteria for distinguishing serious injuries, minor injuries and minor injuries shall be based on the provisions of the Appraisal Criteria for Serious Injuries and Minor Injuries (Trial) jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice.
The age of criminal responsibility of the subject of this crime has different requirements due to different degrees of injury. If serious injury or injury causes death, the age of criminal responsibility shall be above 14 and below 16; Those who cause minor injuries must be 16 years old to constitute this crime.
The crime of intentional injury clearly defined as other crimes in the criminal law should be convicted and punished in accordance with the relevant provisions of the criminal law, not as this crime.
Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Those who cause serious injuries shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years; Whoever causes death or serious injury by particularly cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than 10, life imprisonment or death.
In addition, according to relevant judicial interpretations, those who commit this crime may be deprived of political rights.
6. Determination of the crime of intentional injury
1 The crime of intentional injury and the crime of intentional homicide are not easy to distinguish in the following two cases: First, the crime of intentional injury and intentional homicide are completed; The second is intentional injury and attempted intentional homicide. The key to distinguish between the two is to find out the specific content of the perpetrator's criminal intention: pedestrians who have the intention to illegally deprive others of their lives, whether they cause death or not, should be considered as intentional homicide; If the behavior is only illegal and intentional, it can only be considered as intentional injury, regardless of whether it causes death to others.
In addition, we should also pay attention to the following three special situations: (1) If the criminal act is suddenly committed, the perpetrator's intentional content is uncertain or he is concerned about the casualties of others, he can generally be convicted according to the actual results. If it causes injury, it shall be convicted of intentional injury; Whoever causes death shall be convicted of intentional homicide; (2) If a fight causes death, in addition to the crime of intentional homicide, the crime of intentional injury to death can generally be determined. (3) Cases where the boundary between intentional injury and intentional homicide is really difficult to distinguish can generally be handled on the principle of no doubt.
The difference between the crime of intentional injury (death) and the crime of negligent death lies in whether the actor subjectively intentionally hurts others to death. Although the actor did not intentionally kill others, he deliberately harmed others' health, and the death result was completely caused by intentional injury. Negligence causes death, and the actor not only has no intention to kill, but also has no behavior that endangers the health of others, so the death result is completely caused by negligence.
For the determination of the degree of injury, we should pay attention to the comprehensive evaluation of the injury at that time and the results after treatment: if the situation was serious at that time and basically returned to normal after treatment or only formed minor injuries, it should be considered as minor injuries; At that time, the injury was not serious, but although it was serious after treatment, it should be considered serious.
Say a rule: the direct cost of fighting =5 to 15 days detention +500 yuan to 1000 yuan fine+minimum 1000 yuan hospitalization fee+criminal responsibility.