1. How long must a minor injury secondary police station delay to file a case?
After the public security organ arrests a criminal suspect, the period of investigation and detention shall not exceed two months, which may be extended upon approval. The period of investigation and detention after the arrest of a criminal suspect shall not exceed two months. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level. If it is transferred to the procuratorate for examination and prosecution, the procuratorate shall make a decision within one month, which may be extended by half a month.
Second, secondary punishment for minor injuries
The second-degree minor injury has been involved in a criminal offence and is suspected of intentional injury. The case needs to go through three stages of the public prosecution law. It is recommended to entrust a lawyer to intervene as soon as possible.
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. Those who cause 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.
1. 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.
2. Whoever intentionally hurts others and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. The "serious injury" mentioned here, according to the provisions of Article 96 of the Criminal Law, refers to any of the following circumstances:
(1) causing physical disability or disfigurement;
(2) Causing people to lose hearing, vision or other organ functions;
(three) other major hazards to personal health. Among them, "other injuries that seriously endanger human health" mainly refer to complications that are life-threatening or can cause life-threatening in the process of injury, and other injuries that seriously affect human health, mainly including craniocerebral injury, neck injury, chest injury, abdominal injury, pelvic injury, spine and spinal cord injury, and injuries caused by burns, scalds, frostbite, electric shock injury, physical, chemical or biological injuries. 1On March 29th, 990, the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security issued the appraisal standard for serious human injuries. In judicial practice, the identification of serious injuries is mainly based on the "Standards for Identification of Serious Injuries".
3. Whoever intentionally hurts others and causes death, or causes serious injury or disability by particularly cruel means, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. The term "causing death" here refers to the result that the actor intentionally hurts others out of harm to their health, but the victim dies after being injured or because of other reasons. "Extremely cruel means" refers to the act of intentionally causing serious disability to others and using particularly cruel means such as disfiguring, gouging out eyes and cutting off feet to hurt others.
If the second-degree minor injury constitutes the crime of intentional injury, it must involve the scope of criminal law, and the actor needs to bear the corresponding criminal responsibility and compensate the victim. Compensation for minor injuries refers to compensation for lost time, hospitalization, treatment and nutrition. , need comprehensive calculation in many aspects. The disability appraisal of minor injuries can be compared with the appraisal standard of human minor injuries.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 91 If a public security organ deems it necessary to arrest a detained person, it shall, within three days after detention, submit it to the People's Procuratorate for examination and approval. Under special circumstances, the approval time can be extended by one to four days.
Criminal law of the people's Republic of China
Article 234 stipulates that 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. Those who cause 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.