General compensation standard for minor injuries in the first and second reconciliation
1. Medical expenses (calculated by invoice);
2. Lost time (calculated according to the salary table for those who have jobs, and calculated according to the local average salary for those who have no jobs);
3. Escort fee (if the escort has a job, it is calculated according to the salary table, and if there is no job, it is calculated according to the local average salary);
4. Living expenses (living allowance for the injured and accompanying personnel during hospitalization, calculated according to local standards);
5. Disability level compensation fee (with calculation standard) and nutrition fee (without standard negotiation);
6. Transportation expenses (by ticket);
7. Follow-up treatment fee (the hospital has a discharge suggestion).
These expenses add up to the minimum compensation fee. This is the cost of sentencing and compensation. Minor injuries can be sentenced to up to three years in prison. Minor injuries are criminal cases of private prosecution and can also be reconciled. Under the auspices of the police station, the two sides signed a settlement agreement, settled and closed the case, and no criminal responsibility was investigated. If you want to solve it privately, you should be generous in economic compensation.
Second, the sentencing standards for minor injuries.
(1) Intentional injury causes minor injuries, which is close to minor injuries and has little social impact, and the victim is at fault or the defendant fully compensates the victim for economic losses, which belongs to criminal detention or public surveillance;
(2) Whoever intentionally hurts another person's body, although it constitutes minor injury, but the injury is close to minor injury, shall be sentenced to fixed-term imprisonment of not more than six months; If the injury is between mild and severe, he shall be sentenced to fixed-term imprisonment of not more than one year; If the injury is close to serious injury, he shall be sentenced to one year and six months in prison.
Intentional injury must cause minor injuries to the victim, which constitutes the crime of intentional injury. The reason is:
First, although the first paragraph of Article 234 of the Criminal Law does not stipulate the specific consequences of injury, the second paragraph clearly stipulates the criminal punishment for intentional injury causing serious injury, death or serious disability. Therefore, according to the logic that the degree of injury consequences is proportional to the severity of punishment, it can be considered that the punishment stipulated in the first paragraph corresponds to the harmful results of minor injuries.
Second, according to the proviso of Article 13 of the Criminal Law, the harmful behavior "is obviously minor and not considered as a crime". If intentional injury only causes minor injuries to the victim, its behavior should belong to "the circumstances are obviously minor and the harm is not great" and cannot be considered as a crime.
Thirdly, in judicial practice, the quantitative standards of forensic identification of human injuries are "standards for identification of serious human injuries" and "standards for identification of minor human injuries". When the second paragraph of Article 234 of the Criminal Law is applied, the determination standard of serious bodily injuries is adopted to solve the sentencing problem of intentional injuries, while when the first paragraph of Article 234 is applied, the determination standard of minor bodily injuries is adopted to solve the conviction problem, that is, to what extent the consequences of injuries constitute intentional injuries.
Generally, in the crime of intentional injury, there are only three kinds of injuries: minor injury, serious injury and death. The sentencing and punishment for minor injury level I and minor injury level II are actually the same. That's what I brought to you.
Secondary compensation for minor injuries is so much. If you still have any questions, or encounter secondary claims for minor injuries, and want to fight for more useful rights and interests for yourself, come and discuss with lawyers one-on-one to find a solution.