2. If it is identified that it constitutes the above consequences of minor injuries, if it is suspected of a criminal offence, criminal responsibility shall be investigated according to law. The maximum period of criminal detention is 37 days. After the procuratorate approved the arrest, it officially entered the stage of investigation and detention. After the investigation is completed, the public security organ will transfer it to the procuratorate for examination and prosecution, and finally the court will hear and make a judgment.
3. The sentence depends on the results of the other party's injury identification. If the other party constitutes a minor injury, the attacker is finally found to be guilty of intentional injury and is sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever causes serious injuries to the other party shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. If the injury is minor, the punishment is detention for 5- 10 days, fine 500 yuan, and compensation for medical expenses and lost time.
Relevant regulations:
According to the provisions of the Public Security Administration Punishment Law:
Article 43 Whoever beats another person or intentionally hurts his body shall be detained for not less than five days but not more than ten days, and shall be fined not less than 200 yuan but not more than 500 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.
Under any of the following circumstances, the offender shall be detained for more than 10 and less than 15, and fined for more than 500 yuan 1000 yuan:
(a) gang beating, hurting others;
(2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 60;
(3) Beating or injuring others for many times or beating or injuring more than one person at a time.
2. Article 293 of the Criminal Law shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance for any of the following acts:
(a) beating others at will, and the circumstances are bad;
(two) chasing, intercepting or insulting others, and the circumstances are bad;
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;
(4) Causing serious disorder in public places.
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.
Extended data:
Case 1:
People's Daily Online, Chongqing, February 7 Recently, friends and friends in Dazu, Chongqing, drank a lot of wine at dinner because they had not seen each other for many years. The two men clashed after drinking, in which Chen Mou hit someone and threatened to bomb the Public Security Bureau in the face of police investigation. Finally, Chen Mou was administratively detained according to law.
At about 2 1 pm on February 3, Dazu police received an alarm saying that two drunken men made trouble in a foot washing shop in Wangu Town, Dazu District, injuring the boss and his son. After receiving the police, the police quickly rushed to the scene for disposal, and arrived at the scene to see that the two sides were still arguing.
The police learned at the scene that he and his friend had been working outside for many years and they had not seen each other for a long time. They both drank a lot of white wine at dinner. At 2 1 p.m, two people who are already drunk meet to wash their feet in a foot washing shop in Wangu. After a while, Chen Mou felt drunk and didn't want to go again, so he asked the staff if they could stay in the foot washing shop. After the employee told Chen Mou that he couldn't spend the night, Chen Mou said that he didn't want to wash his feet any more, and he wouldn't pay for it.
The owner of the foot washing shop told Chen Mou that the medicine was ready, so he had to pay. There was an argument between the two sides. When Chen Mou put his mobile phone at the service desk, it fell down and the screen was broken because of his carelessness. Chen Mou demanded compensation from the store. Seeing that the boss refused to admit compensation, Chen Mou became angry from embarrassment and hit the boss and his son.
After understanding the situation, the police took live video surveillance and brought two drunken men back to the police station for further investigation. "I want you to promise me to go out. If I can't get out, I will blow up your public security bureau! " Chen Mou refused to accept the police and took him to the police station. He abused the police for a while, abused the owner of the foot-washing shop for a while, and even threatened to do something drastic.
In the early morning of the 4th, He Zeng woke up slowly and couldn't tell what happened after he got drunk. However, in the face of hard evidence of video surveillance, Chen Mou finally admitted that he had beaten others and apologized for threatening to bomb the Public Security Bureau.
At present, Chen Mou has been administratively detained according to law for beating others.
The police reminded that drinking alcohol should be moderate when eating, and don't get drunk, so as not to get out of control after drinking and cause unnecessary trouble. At the same time, according to the relevant provisions of the law, those who threaten to set fire, explode or throw dangerous substances to disturb the order of public places may be detained for more than 5 days 10 days, and may also be fined for less than 500 yuan; If the circumstances are serious and cause serious consequences, it may also violate the criminal law.
Case 2:
A few days ago, Yangzhou Jiangdu police investigated a case. Three suspects punched and kicked the other two victims for drinking too much, and were arrested by the police on suspicion of stirring up trouble.
Late at night 1 1 on the day of the incident, Lei Mou, Yu Mou and Mou Lin came to a local barbecue restaurant to have supper. After three rounds of drinking, several people were a little drunk. Ray got up to go to the toilet and met an acquaintance Xue. Xue also came to have a barbecue with friends. Xue mou inadvertently made a joke with lei mou. Lei felt that Xue was laughing at himself, so he swore at Xue. As a result, the two sides developed from mutual abuse to fighting.
Yu Helin learned that Ray was fighting with others and ran out to help. For a time, a martial arts film of "Three British Wars against Lu Bu" was staged on the roadside. Lei and others punched and kicked Xue first, and Xue picked up a brick from the ground and waved it around, then found the right opportunity to escape from the war circle. Subsequently, Xue's friend Jiao was also struck by thunder.
After receiving the report, the local patrolman quickly rushed to the scene to take Lei and other three people to the police station for review, and finally made the above punishment.
People's Daily Online-Three people in Jiangdu, Yangzhou were arrested for beating and injuring innocents after drinking.
People's Daily Online-A man made trouble after drinking and threatened to "bomb the Public Security Bureau" and was detained 10 days.