1. The police station’s handling of the fight
The police station will first find evidence of the conversation between the two parties, and then exclude legitimate defense and allow the victim to conduct injury assessment and then differentiate Injuries are treated in different ways:
1. If the victim is slightly injured, the two parties are allowed to engage in civil mediation. If a compensation agreement can be reached, the public security agency will generally only impose a fine; if a compensation agreement cannot be reached, the public security organ may Subject to administrative detention (gathering a crowd to fight, picking quarrels and provoking trouble may also be sentenced). If a compensation agreement is reached, generally the public security organs will only impose a fine; if a compensation agreement is not reached, administrative detention may be imposed (gathering a crowd to cause trouble, picking quarrels and provoking trouble may also result in a prison sentence).
2. If the victim is slightly injured, both parties will also be asked to engage in civil mediation. If it meets the conditions for criminal reconciliation, it will not be treated as a criminal case; if it does not meet the conditions for criminal reconciliation, it will be treated as a criminal case. (Intentional injury) is transferred to the procuratorate for review and prosecution until trial in court.
3. If the victim is seriously injured, both parties will be allowed to engage in civil mediation, but the case will be transferred to the procuratorate for review and prosecution until the court trial.
2. Where to get a fight disability appraisal done
A fight disability appraisal should be done at a local judicial appraisal agency.
According to Article 11 of the "General Principles of Forensic Authentication Procedures": Forensic appraisal institutions shall uniformly accept judicial appraisals entrusted by the case competent department.
Article 12: If the client entrusts an appraisal, he shall provide authentic, complete and sufficient appraisal materials to the judicial appraisal agency, and shall be responsible for the authenticity and legality of the appraisal materials. The forensic identification agency shall check and record the name, type, quantity, properties, storage status, receipt time, etc. of the identification materials. If a litigant has any objection to the appraisal materials, he or she shall raise them with the client. The term "identification materials" as mentioned in these General Regulations includes biological and non-biological test materials, comparison test materials and other identification materials related to identification matters.
For injuries caused by fights, according to the provisions of my country's "General Principles of Civil Law": Article 1165: If the perpetrator infringes upon the civil rights of others due to fault, he shall bear tort liability. Article 1179: Anyone who infringes upon others and causes personal damage shall be compensated for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, etc. for treatment and recovery, as well as the loss of income due to missed work. Article 1173: If the tortfeasor is also at fault for the occurrence of the damage, the liability of the tortfeasor may be reduced. The specific compensation can be negotiated by both parties. Failure to negotiate can be resolved through litigation. Those who are injured in a fight must first report the case to the public security organ. After the public security organ entrusts a forensic appraisal, if the injury is minor or above, the crime is suspected of intentional injury, and criminal liability should be investigated and compensation for treatment expenses, lost work expenses, nursing expenses, transportation expenses, etc.
3. What is the procedure for injury identification?
1. Entrustment:
(1) Forensic identification institutions accept entrustment of forensic identification from judicial organs and arbitration institutions. .
(2) In litigation cases, when the parties bear the burden of proof, the judicial identification agency may also accept the judicial identification entrustment from the parties. Forensic appraisals entrusted by the parties are generally conducted through law firms.
2. Acceptance:
After receiving the letter of entrustment, the judicial appraisal agency shall review the client’s entrustment and make the following decision:
(1 ) For those who meet the conditions for acceptance and can immediately decide to accept the application, the judicial identification agency shall sign a judicial identification entrustment acceptance contract with the client;
(2) If the acceptance cannot be decided immediately, (2) If the acceptance cannot be decided immediately, The judicial appraisal institution shall issue a "Forensic Authentication Entrustment Materials Receipt Form" to the client and make a decision on whether to accept the entrustment materials within 7 days from the date of receipt;
(3) Failure to meet the acceptance conditions , if no decision is made to reject the application, the identification materials shall be returned to the client and the reasons shall be explained to the client;
(4) For entrustment by letter, the judicial identification agency shall start from the date of receipt of the letter A written reply on whether or not the application will be accepted will be made within 7 days. The judicial appraisal institution shall make a written reply on whether to accept the application within 7 days from the date of receipt of the letter.
3. Initial appraisal
After the judicial appraisal institution accepts the entrustment, the judicial appraisal institution shall complete the entrustment by the judicial appraiser designated by the judicial appraisal institution or the judicial appraiser applied by the client and approved by the judicial appraisal institution.
4. Review and appraisal
If you have any objection to the appraisal conclusion and need to review the appraisal, you can entrust another judicial appraisal institution with higher qualifications to conduct the review and appraisal. In addition to the submission of appraisal materials for review appraisal, the original judicial appraisal documents must also be submitted.
5. Issuance of Forensic Appraisal Documents
After completing the forensic appraisal within the statutory or agreed appraisal period, the judicial appraisal agency shall issue judicial appraisal documents on time. The original forensic documents must be made in triplicate, one of which shall be handed over to the client and the other two shall be archived by the forensic institution.
The above is the legal knowledge related to "the process of handling fights at the police station" compiled by the editor of the Legal Network. The police station will first find a conversation between both parties and make transcripts and other evidence. Then, after ruling out legitimate defense, the police station will ask the victim to conduct an injury assessment, and then differentiate between the injuries and adopt different treatment methods. I hope the above content can be helpful to you. If you still have any legal questions, it is recommended to consult a professional legal lawyer. Legal objectives:
Article 43 of the "Public Security Administration Punishment Law" Whoever beats others or intentionally injures others' bodies shall be detained for not less than five days but not more than ten days, and shall also be fined not less than 200 yuan but not more than 500 yuan. ; If the circumstances are relatively minor, he shall be detained for not more than five days or fined not more than 500 yuan. Anyone who commits any of the following circumstances shall be detained for not less than 10 days but not more than 15 days, and shall be fined not less than 500 yuan but not more than 1,000 yuan: (1) Beating and injuring others in groups; (2) Beating and injuring disabled people, pregnant women, and persons under 14 A person who is over 100 years old or a person who is over 60 years old; (3) Beating or injuring others multiple times or beating or injuring multiple people at one time.