However, since a minor injury case is both a public prosecution case and a private prosecution case, you said that "a friend fought with him, and then his friend was bitten off by the attacker's nose", which allows the parties to be autonomous, so the police station can mediate.
Of course, the parties can refuse mediation and ask the other party to bear legal responsibility (public security or criminal responsibility).
Question 2:2065 438+04 is mediation allowed for minor injuries stipulated in the new criminal law? First of all, it should be noted that there is mediation in minor injury cases. However, it cannot be simply said that intentional injury causes minor injuries, which is a minor criminal case that the victim has evidence to prove as stipulated in the Criminal Procedure Law. 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. If both parties reach a settlement by themselves or are mediated by a people's mediation organization, whether an agreement is reached depends on the wishes of both parties. General public security organs will not intervene, unless it is obvious that obviously unfair and other serious violations of public security management or reconciliation agreements.
2. If the public security organ receives a report or report, the public security organ will accept the criminal case and conduct a preliminary investigation. After making an appraisal opinion on the injury, the public security organ shall ask the victim whether to request the public security organ to handle it. If the victim requests the public security organ to handle the case, the public security organ shall file a case for investigation. (However, unless the public security organ thinks that the circumstances of the injury are obviously minor and the harm is not great, it is not considered a crime. For example, a slap in the face, hitting the other person's eardrum. If the victim does not ask the public security organ to handle the case, the procedure of the public security organ will be over, and if the victim asks to file a case for investigation, it will no longer be accepted.
3, the victim directly to the people's court to file a private prosecution, because the evidence is sufficient, meet the conditions of acceptance, the people's court shall accept it; If the court considers that the evidence is insufficient and the public security organ needs to investigate and hand it over to the public security organ, the public security organ shall file a case for investigation.
4. The case of intentional injury causing minor injuries filed for investigation by public security organs belongs to the case of public prosecution, and no one may claim not to be investigated for criminal responsibility. At this time, if the two sides reach a settlement, the public, procuratorial and legal organs shall listen to the opinions of the parties and other relevant personnel, review the voluntariness and legality of the settlement, and preside over the production of the settlement agreement. For cases that have reached a settlement agreement, the public security organ may make suggestions to the people's procuratorate for leniency. The people's procuratorate may put forward suggestions for lenient punishment to the people's court; If the circumstances of the crime are minor and there is no need to be sentenced to punishment, a decision not to prosecute may be made. The people's court may punish the defendant lightly according to law.
5, the public security organs before the investigation of the case, the two sides to reconcile, for the existing forensic identification, the public security organs generally will not preside over the production of mediation agreement or settlement agreement, and the victim did not ask the public security organs to handle the termination procedures; For those who refuse to do forensic identification and obviously do not constitute serious injuries, the case can be closed through public security mediation or other handling methods.
To sum up, if the injured party wants to get more compensation, the best time is after the public security organ accepts the criminal case but before filing it. For the injured party, if you want not to be investigated for criminal responsibility, you must strive to reach a settlement with the injured party before the public security organ files a case.
Question 3: Can minor injuries be reconciled? Cases of intentional injury causing minor injuries are minor criminal cases. In judicial practice, most cases of minor injuries are incidental crimes, with less subjective malignancy and little harm. Judging from its characteristics, the decision not to prosecute such cases is completely legally based. Therefore, for minor injury cases that have reached a mediation agreement, the procuratorial organ can make a statutory decision not to prosecute or a discretionary decision not to prosecute according to the case and the performance of the actor. This will not only shorten the litigation process, but also give criminals a chance to repent and turn over a new leaf and return to society.
Question 4: Can minor injuries be mediated? You can be investigated for criminal responsibility, and they must compensate you. If it is a minor injury, we can mediate between you. If you choose to forgive him, he will not be investigated for criminal responsibility, and you can get more compensation. On the contrary, you can continue to pursue his criminal responsibility; As for whether it is a serious injury, it should be based on the criteria for serious injury identification. The requirements for serious injuries are relatively high. Your condition may not be serious, but if it constitutes a serious injury, you can't mediate and you must be held accountable. (baike.baidu/view/438646, this is the standard for serious injury identification. You can refer to it according to your own injury. )
Question 5: Reconciliation of minor injury cases. Can the public security organ withdraw the case? The crime of intentional injury is a public prosecution case, and the parties have no right to withdraw the lawsuit. If the circumstances are minor, the procuratorate may not prosecute. Article 279 of the Criminal Procedure Law: The public security organ may make suggestions to the people's procuratorate for leniency in cases where a settlement agreement is reached. The people's procuratorate may put forward suggestions for lenient punishment to the people's court; If the circumstances of the crime are minor and there is no need to be sentenced to punishment, a decision not to prosecute may be made. The people's court may punish the defendant lightly according to law.
Question 6: Is the minor injury case still sentenced after successful mediation by the court? Minor injury cases will be pronounced after successful mediation by the court.
Intentional injury causing minor injuries has constituted the crime of intentional injury, which can be punished with fixed-term imprisonment of not more than three years, criminal detention or public surveillance according to law.
In the process of court trial, if the defendant and the victim successfully mediate and compensate the victim for the loss, the defendant should not be exempted from criminal responsibility, but the court can give the defendant a lighter punishment when sentencing. If the defendant has made compensation and obtained the understanding of the victim, the court may sentence the defendant to probation.
Question 7: Minor injuries, prosecution after successful mediation! Can you win? 1, about your injury identification:
(1) Identification time: No identification is required after the final treatment of the second operation, but only after treatment and discharge. Late identification is not good for your identification results. (2) You said, "All the four crossings I drew were minor injuries! It's just that none of them are serious enough! So my appraisal result is still slightly injured! " Do you have an appraisal conclusion now? If so, you are not satisfied with the appraisal conclusion: you can apply for re-appraisal. (By the way, it's easy to say: you can consult, or you can come back after the experts of pytr 1 1 have answered the questions. Is a forensic expert, and see the expert opinion,) passport. Baidu/business &; Aid = 6&un = pytr111# 0
If it has not been identified: it is best to make plans after identification.
2, about "there are many levels of' legal experts' say this agreement is invalid! I also asked a local lawyer, and they all said that after signing, the criminal responsibility of the infringer can be investigated. " ：
(1) If your injury is identified as minor injury, the agreement should be valid, because minor injury is a case that can be prosecuted or prosecuted, and it is not treated as public prosecution. It is valid for the parties to agree on compensation and promise not to pursue criminal responsibility, and later repentance is not supported. However, the case that has been filed by the police station should be handled as a public prosecution case, and it is indeed a bit inappropriate to withdraw the case. As for what is involved, everyone knows.
The basis is: (1) the Supreme People's Court's explanation on several issues concerning the implementation of the Criminal Procedure Law of People's Republic of China (PRC) Article 1 Private prosecution cases directly accepted by the people's courts include: (2) minor criminal cases where the people's procuratorate has not initiated public prosecution and the victim has evidence to prove: 1, intentional injury (as stipulated in the first paragraph of Article 234 of the Criminal Law) (that is, minor injuries).
(2) Article 172 of the Criminal Procedure Law: "The people's court may mediate a case of private prosecution; Before the verdict is pronounced, the private prosecutor may reconcile with the defendant or withdraw the private prosecution. Mediation is not applicable to cases specified in Item 3 of Article 170 of this Law ".
(3) However, if your injury is identified as a serious injury, the agreement of "no criminal responsibility" in the agreement is invalid, but the effective deficiency of civil compensation or the new cost of your second operation can be claimed again if it is not mentioned in the agreement. If the cost of the second operation has been included in the agreement, it will be difficult to ask for it again. It can only be said that it has been cheated.
3. About "When signing the agreement at that time! Because the infringer is still on the run! So not at the scene! The only names on the agreement are me and my mother and the aggressor's father! The name of the person who didn't cut me! " Although there is no name of the perpetrator in the agreement, the agreement signed with you by his father as his entrusted agent and close relatives is legally binding on him and you. You say that the agreement is invalid on this ground, and it is difficult to get support.
4. "But the agreement did not mention the other two infringers! I only know the name of the infringer;
(1) Even after appraisal or re-appraisal, you are still slightly injured. Even if this agreement is valid, you can no longer pursue the criminal and civil responsibilities of the signatory, but you still have the right to pursue the criminal and civil responsibilities of the other two.
(2) If the police don't file a case, you can file a criminal private prosecution against those two people to the court for incidental civil compensation. Because: that agreement only shows that you gave up the responsibility of investigating the signatory, not that you gave up the responsibility of investigating those two people.
5. "As far as I know, the infringer's father must have taken money from the police station! Because I also went to find it some time ago! However, the police station talked to them everywhere. " : If there is evidence, you can report or sue the police station. If it's just "as far as you know" and there is no definite evidence, then don't say it again: it will only be bad for yourself, and there is no benefit at all.
6. Recommendations:
(1) Make an appraisal as soon as possible or apply for re-appraisal. If it is a serious injury, the police need to file a case for investigation, but the police will not file a case ... >>
Question 8: Can criminal prosecution cases of minor injuries be settled and dismissed? Trial stage. If both parties are willing to mediate or reconcile a minor injury case prosecuted by a procuratorial organ after it is accepted by the people's court and before the verdict is pronounced, the people's court may entrust a people's mediation organization to mediate and reach a mediation agreement through mediation. If the victim does not demand that the perpetrator be investigated for criminal responsibility, the court may exempt him from criminal punishment according to the provisions of the Supreme People's Court 177 or suggest the procuratorate to withdraw the prosecution. The procuratorate may refer to Article 35 1 of the Criminal Procedure Rules of the People's Procuratorate. After withdrawing the prosecution, the procuratorial organ may make a non-prosecution treatment or suggest the public security organ to withdraw the case.
Question 9: Can the police mediate minor injuries? Mainly depends on the opinions of both sides.