Chapter I General Provisions
first
In order to standardize the handling of injury cases by public security organs, correctly apply the law, and ensure that cases are handled legally, fairly and promptly, these Provisions are formulated in accordance with the Criminal Law of People's Republic of China (PRC) and the Criminal Procedure Law of People's Republic of China (PRC).
Article 2 The term "injury cases" as mentioned in these Provisions refers to cases that hurt others' bodies and should be handled by public security organs according to law.
Article 3 When handling injury cases, public security organs shall follow the principles of rapid investigation and evidence collection, timely measures, standardized and accurate identification, and strict handling according to law.
Chapter II Jurisdiction
Article 4 Cases of injuries below minor injuries shall be under the jurisdiction of the police station.
Article 5 Cases of serious injury or death from injury shall be under the jurisdiction of the criminal investigation department of the public security organ.
Sixth injury is unknown, it is difficult to determine the jurisdiction, by the first department to accept the first treatment. After the injury identification, it shall be handed over to the competent department for handling according to the provisions of Article 4 and Article 5.
Article 7 Where there is a dispute over jurisdiction, the public security organ at a higher level shall designate jurisdiction.
Article 8
In the case of intentional injury (minor injury) proved by the victim, the case-handling personnel shall inform the victim that he can bring a lawsuit directly to the people's court. If the victim requests the public security organ to handle it, the public security organ shall accept it.
Article 9 If a case of intentional injury (minor injury) directly accepted by the people's court is transferred to the public security organ for investigation due to insufficient evidence, the public security organ shall accept it.
Chapter III Pretreatment
Article 10 After receiving the alarm of an injury case, the police receiving department shall immediately organize the police to rush to the scene according to the situation of the case.
Eleventh of the ongoing injury cases, the police should do the following after arriving at the scene in advance:
(a) Stop hurting;
(2) Organizing the treatment of the wounded;
(3) Take measures to control suspects;
(four) timely registration of the names, units, addresses and contact information of the personnel present, asking the parties and visiting witnesses;
(5) Protecting the site;
(6) Collecting and fixing evidence.
Twelfth of the injury cases that have occurred, the police who arrived at the scene in advance should do the following:
(1) Organizing the treatment of the wounded;
(two) to understand the case and injury;
(three) timely registration of the names, units, addresses and contact information of the personnel present, asking the parties and visiting witnesses;
(4) tracking down criminal suspects;
(5) Protecting the site;
(6) Collecting and fixing evidence.
Chapter IV Inspection and Inspection
Thirteenth public security organs to handle injury cases, on-site inspection and inspection conditions, it should be timely inspection and inspection.
Article 14
The task of on-site inspection of injury cases is to find, fix and extract traces, physical evidence and other information related to injury behavior, determine the injury state, analyze the injury process, and provide clues and evidence for the investigation of injury cases.
The case-handling unit shall properly keep the traces, physical evidence and injury-causing tools extracted.
Fifteenth public security organs shall not be less than two people when conducting an inquest or inspection on the scene of an injury case.
When conducting an inquest or inspection of the site, one or two citizens irrelevant to the case shall be invited to testify.
Article 16 When conducting an inquest or inspection on the scene of an injury case, a record of the inquest or inspection shall be made, a scene map shall be drawn, the scene situation and the injury of the injured person shall be photographed, and the above materials shall be bound into a book.
Chapter V Evaluation
Article 17 When handling an injury case, the public security organ shall examine and identify the degree, traces, physical evidence and injury-causing tools as evidence.
Article 18 After accepting a case of injury, the public security organ shall issue a power of attorney for injury identification within 24 hours, and inform the victim to go to a designated appraisal institution for injury identification.
Article 19
According to the personal injury appraisal standards promulgated by the relevant state departments, the victim's injury at that time and the hospital diagnosis certificate, if the conditions for immediate injury appraisal are met, the appraisal institution of the public security organ shall, when entrusted, put forward appraisal opinions within 24 hours and issue appraisal documents within 3 days.
If the injury is complex and does not have the conditions for immediate appraisal, it shall put forward appraisal opinions and issue appraisal documents within 7 days from the date of entrustment.
If it affects the function of tissues and organs or the injury is complicated and difficult to identify for a while, it shall timely put forward the appraisal opinions and issue the appraisal documents after the injury is stable.
Twentieth personal injury appraisal shall be conducted by two or more appraisers of the appraisal institutions of public security organs at or above the county level.
It is difficult to identify the injury, which may be controversial or have clear requirements for the entrusting party. Injury identification shall be carried out by three or more chief forensic doctors or four or more forensic doctors.
If it is necessary to employ other personnel with specialized knowledge for appraisal, it shall be approved by the person in charge of the public security organ at or above the county level, and an "Invitation for Appraisal" shall be made and served on the hired person.
Twenty-first personal injury appraisal opinions are controversial and need to be re-appraised, in accordance with the relevant provisions of the Criminal Procedure Law of People's Republic of China (PRC).
Article 22
The format and content of personal injury identification documents should meet the requirements of the specification. The identification document shall include bareheaded photos of the victim's face and detailed photos of all the injured parts that the human body needs to identify. For the expert opinions used as evidence, the case-handling unit of the public security organ shall make a notice of expert opinions and serve it on the victims and criminal suspects.
Chapter VI Investigation and Evidence Collection
Article 23 When interrogating a victim, the time, place, cause, process, tools, methods, location, injury and the situation of the criminal suspect should be mainly inquired.
Twenty-fourth when asking the perpetrator of the injury, we should focus on the time, place, cause, process, tools, methods and parts of the injury.
If more than one person participates, it shall also ask the participants, the weapon they hold, the location, the order of the injury behavior, the tools, methods, parts and premeditated situation of the injury.
Article 25
When interrogating a witness, we should focus on the time, place and course of the injury, the number of both sides and their respective positions, the weapons held, the order of the injury, the tools, methods, parts, clothes and physical characteristics of the injury, the location of the witness and the relationship between the witness and both sides.
Twenty-sixth when questioning other witnesses, they should ask what they have seen and heard about the injury.
Twenty-seventh trial of injury cases, should focus on collecting the following physical evidence and documentary evidence:
(a) murder weapon, bloody clothes and other items that can prove the injury;
(2) related hospital diagnosis and medical records;
(3) Other evidence related to the case.
The case-handling unit shall implement the responsibility of evidence custody to the people, improve the evidence custody system, establish an evidence custody room, and properly keep the evidence to avoid damage, pollution, loss or degaussing of the evidence due to improper custody, which will affect criminal proceedings and case handling.
Chapter VII Handling of Cases
Article 28 If the injury to the victim constitutes minor injury, serious injury or death, and it is necessary to investigate the criminal responsibility of the criminal suspect, it shall be handled in accordance with the relevant provisions of the Criminal Procedure Law of People's Republic of China (PRC).
Article 29
According to Article 13 of the Criminal Law of People's Republic of China (PRC) and Item 1 of Article 15 of the Criminal Procedure Law of People's Republic of China (PRC), those who intentionally hurt others and cause minor injuries, if the circumstances are obviously minor and the harm is not great, are not considered as crimes. If the victim's injury does not reach minor injuries, they shall be given administrative penalties for public security according to law.
Article 30
If the act of beating another person or intentionally hurting his body caused by a civil dispute is not serious enough for criminal punishment, the public security organ may mediate according to law with the consent of both parties:
(a) disputes between relatives, friends, neighbors or colleagues due to trivial matters, and both parties are at fault;
(two) minors, school students beat others or intentionally hurt others;
(3) The actor's tort is caused by the wrong behavior of the victim;
(four) other mediation methods that are easier to resolve contradictions.
Thirty-first any of the following circumstances, no mediation:
(1) Hiring a murderer to harm others;
(2) Involving underworld organizations;
(3) stirring up trouble;
(4) gathering people to fight;
(5) recidivism;
(6) repeatedly hurting others' bodies;
(seven) other unsuitable for mediation.
Thirty-second injury cases handled by public security organs shall be conducted in public, except for the following circumstances:
(a) involving personal privacy;
(2) The perpetrator is a minor;
(3) Both the perpetrator and the victim require private mediation.
Thirty-third public security organs should follow the principles of legality, fairness, voluntariness and timeliness, pay attention to education and persuasion, and resolve conflicts.
Article 34 If there are minors among the parties, the parents or other guardians of the minors shall be present at the mediation.
Thirty-fifth mediation of injury cases caused by neighborhood disputes, you can invite local residents' committees, villagers' committees or people familiar with both sides to participate.
Article 36
Mediation is once in principle, and can be added once if necessary. For public security cases that obviously do not constitute minor injuries and do not need injury identification, mediation shall be completed within 3 working days after acceptance; For public security cases requiring injury identification, mediation shall be completed within 3 working days after the injury identification document is issued.
If mediation fails once and needs to be conducted again, the second mediation shall be completed within 7 working days after the first mediation.
Article 37 Mediation must go through the following procedures:
(a) By mutual consent;
(2) Making a conciliation statement under the auspices of the public security organ.
Article 38
When conducting mediation, a mediation record shall be made. If a mediation agreement is reached, a mediation agreement shall be made. The mediation document shall be signed and sealed by the mediation organ, the mediation host, both parties and other participants. The conciliation statement is made in triplicate, one for each party and one for the mediation organ.
Article 39
If the parties reach an agreement through mediation and perform it, 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 according to law, and inform the parties that they can bring a civil lawsuit to the people's court according to law.
Chapter VIII Documents
Article 40 When handling injury cases, public security organs should form a complete file in strict accordance with the requirements for handling criminal cases or public security cases.
The case file materials shall include evidence materials such as acceptance of filing documents, interrogation transcripts, photos of the scene and injuries, inspection and appraisal conclusions, examination and approval procedures and handling opinions.
Forty-first files should be neat and standardized, and the handwriting should be neat.
Article 42 If a criminal suspect is investigated for criminal responsibility, the investigation volume (Grade I volume) shall be handed over to the procuratorial organ, and the investigation work volume (Grade II volume) shall be kept by the public security organ.
The contents of the investigation volume (positive volume) shall include legal documents such as filing decision, on-site photos and drawings, on-site investigation transcripts, compulsory measures and investigation measures decisions, notices, notices, all kinds of evidence materials, and prosecution opinions.
The investigation work volume (volume) shall include all kinds of petition reports, approval forms, investigation and investigation plans, case analysis opinions, draft prosecution opinions and other documents and materials.
Forty-third cases of injury that have not been closed shall be filed and kept by the case-handling unit.
Forty-fourth cases of injury handled by public security management punishment or mediation shall be submitted to the archives department for preservation after the case is closed.
Chapter IX Accountability
Article 45
In violation of the provisions, resulting in the case is difficult to conclude, infringing on the legitimate rights and interests of the parties, in accordance with the "public security organs, the people's police law enforcement fault accountability provisions" shall be investigated for law enforcement fault responsibility of case handlers and competent leaders.
Chapter X Supplementary Provisions
Article 46 The above and below mentioned in these Provisions include this number.
Article 47 These Provisions shall come into force as of February 6, 2006.
What is the sentencing procedure in criminal cases? I. Procedures for filing criminal cases
The filing procedure refers to the steps and forms of various litigation activities in the filing stage. According to the provisions of the Criminal Procedure Law, the filing procedure includes three parts: acceptance, examination and handling of filing materials. The acceptance of filing materials refers to the acceptance of reports, complaints, exposures and surrender materials by public security organs, people's procuratorates and people's courts. This is the beginning of the filing procedure. When accepting filing materials, we should pay attention to the following points:
1. Public security organs, people's procuratorates and people's courts shall accept reports, complaints, reports and surrender, and then deal with them according to law, and shall not refuse or shirk under any pretext. Paragraph 3 of Article 84 of the Criminal Procedure Law stipulates that the public security organ, the people's procuratorate or the people's court shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department. The "emergency measures" here refer to measures such as protecting the scene, detaining suspects first, and seizing evidence.
2. Reports, complaints and reports can be written or oral. Paragraph 1 of Article 85 of the Criminal Procedure Law stipulates that reports, complaints and reports can be made in writing or orally. The staff accepting oral reports, complaints and reports shall make a written record, which shall be signed or sealed by the informant, complainant and informant after being read out correctly. According to this regulation, the accusation and report are inconsistent with the facts or even wrong due to one-sided or wrong understanding of the report, accusation and report; And false accusation is deliberately fabricating facts and evidence, with the aim of framing others.
3. The public security and judicial organs shall keep confidential the informers, accusers and informers, and ensure the safety of them and their close relatives. In order to encourage the people to actively fight against criminal acts and ensure that units and individuals exercise the right to sue and report, the third paragraph of Article 85 of the Criminal Procedure Law stipulates that public security organs, people's procuratorates or people's courts shall ensure the safety of informants, complainants, informants and their close relatives. That is, when its security is threatened, the public security and judicial organs should take the initiative to take protective measures or be required to take corresponding protective measures. In order to prevent retaliation against informants, complainants, informants and their close relatives afterwards, the paragraph also stipulates that if informants, complainants and informants are unwilling to disclose their reports, complaints and reports, their names should be kept confidential.
Second, how to review the filing materials
The examination of filing materials refers to the activities of public security organs, people's procuratorates and people's courts to inspect and investigate the filing materials discovered or accepted by themselves. Its task is to correctly determine whether there is a criminal fact, whether the perpetrator should be investigated for criminal responsibility according to law, and lay the foundation for correctly deciding whether to file a case. The examination of filing materials is the central link of filing procedure and the key to whether a case can be filed correctly and timely. Because whether or not to file a case depends on the results of the examination of the filing materials by the three organs of the Public Security Law, and the process of examining the materials is also a process of confirming whether there is a criminal fact and analyzing and judging whether the criminal fact needs to be investigated for criminal responsibility according to the conditions for filing a case stipulated by law. Therefore, the review of filing materials is a very important work.
Article 86 of the Criminal Procedure Law stipulates that the people's court, the people's procuratorate or the public security organ shall promptly examine the materials of reporting, accusing, reporting and surrendering. Through examination, it should be found out whether the events reflected in the materials belong to criminal acts; If it is a criminal act, whether there is reliable evidence to prove it; Whether it is necessary to investigate the criminal responsibility of the perpetrator according to law; There is a situation where it is impossible to decide not to pursue criminal responsibility. In judicial practice, the public security, procuratorial and judicial organs may require the units and individuals who report, accuse and report to provide supplementary materials, or ask them to make supplementary explanations, or conduct necessary investigations when examining the materials for filing a case.
The judicial organ's review of the filing materials only requires that the evidence obtained is sufficient to prove the fact that a crime has occurred, and criminal responsibility shall be investigated according to law; Or it is not necessary to pursue criminal responsibility according to law, and the case should not be filed, and the review before filing is completed. For those who should file a case, it is not required to find out all the criminal facts and catch the criminal suspect. For cases of private prosecution, because the law stipulates that the private prosecutor must produce all kinds of evidence to prove the facts of the crime at the same time when he files a private prosecution, the people's court may ask the private prosecutor to provide supplementary materials to prove the facts of the crime if it considers that the evidence produced by the private prosecutor is insufficient during the review process, but the court may not conduct an investigation before filing the case.
Procedures for handling new crimes discovered in the investigation. Hello.
For the same crime, the lawsuit shall be conducted normally, and the amount of crime shall be calculated cumulatively;
For other crimes, the detention period shall be recalculated according to law; Secondly, combined with the original crime, several crimes are combined.
The punishment method for criminal offences is principal punishment:
(1) control;
(2) criminal detention;
(3) Fixed-term imprisonment;
(4) life imprisonment;
(5) the death penalty.
Additional punishment:
(1) a fine;
(2) deprivation of political rights;
(3) confiscation of property.
Solutions to criminal and administrative crimes. Thank god. Are you asking about criminal punishment and public security punishment? 1. Penalties are divided into: a. Principal punishments: public surveillance, criminal detention, fixed-term imprisonment, life imprisonment and death penalty; Additional punishment, fines, deprivation of political rights, confiscation of property and deportation. 2. The types of administrative penalties for public security are: warning, fine, administrative detention, and revocation of licenses issued by public security organs. Foreigners who violate the administration of public security may apply for another time limit to leave the country or be deported.
I remember that according to the civil service law, it seems that those who were sentenced to fixed-term imprisonment were expelled from public office. Sentence control should not affect the work.
How to deal with the failure of reconciliation in criminal proceedings? If both parties reach a criminal reconciliation, the judicial organ may give a lighter, mitigated or exempted criminal punishment. If a criminal settlement cannot be reached, the court can only make a judgment according to law and cannot increase the punishment.
Relevant laws and regulations:
The fifth part of the Criminal Procedure Law, Special Procedures, Chapter II, Litigation Procedures for Reconciliation of Parties in Public Prosecution Cases
Article 277 In the following cases of public prosecution, the criminal suspect or defendant sincerely repents by means of compensation for losses or apology, and obtains the understanding of the victim. , and the victim voluntarily reconciled, both parties can reconcile:
(a) due to a civil dispute, suspected of criminal cases stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law, and may be sentenced to fixed-term imprisonment of not more than three years;
(two) criminal cases of negligence other than dereliction of duty that may be sentenced to fixed-term imprisonment of not more than seven years.
If a criminal suspect or defendant intentionally commits a crime within five years, the procedures specified in this chapter shall not apply.
Article 278 If both parties reach a settlement, the public security organ, the people's procuratorate and the people's court shall listen to the opinions of the parties and other relevant personnel, examine the voluntariness and legality of the settlement, and preside over the making of a settlement agreement.
Article 279 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.
What is the handling procedure of work-related injury death? 1, immediately fill in the work-related injury death report to the local work-related injury insurance management institution and submit the work-related injury identification. In the event of a fatal accident, labor supervision, safety management and public security supervision will be involved in the investigation to determine the responsibility, and the follow-up business process will be carried out after the work-related injury is identified.
2, the employer must buy work-related injury insurance for employees, the labor department will accept the work-related injury identification, in line with the conditions, the work-related injury insurance fund to pay a one-time fee. If industrial injury insurance is not purchased, all expenses shall be borne by the employer.
3. If the employer fails to purchase work-related injury insurance for employees, the employer may negotiate with the family members of the deceased and handle it with reference to the provisions on compensation for personal injury. Under normal circumstances, personal injury compensation is higher than one-time work-related death subsidy.
The compensation for work-related death in 2018 is 20 times of the disposable income of urban households in 20 17.
How to deal with the illegal gains of criminal offences should be sufficient and handed over to the state.
Otherwise, you should go to -l vb a n 365' to meet a lawyer who knows the law.
Should be recovered, if there is a victim, it should be returned to the victim; If there are no victims, they shall be turned over to the state treasury.