Comprehensive study in eighth grade
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Comprehensive source: @ 中中中中中中中中中中 20000.
165438+1On the evening of October 8, a classmate who slapped his son's kindergarten came to the door in a residential area in Xuanwu District, Nanjing, Jiangsu Province. In a physical conflict with his grandfather in his 60 s, his grandfather broke his leg.
On the afternoon of the 9th, @ Nanjing Xuanwu Police Online Weibo informed that Lu Moumou was criminally detained by the public security organs according to law on suspicion of intentional injury, and the case was under further investigation.
In real life, many people hit people on impulse. Let Bian Xiao take you to calculate the cost of hitting people:
1, the cost of causing minor injuries = administrative detention for 5 days to 15 days+fine of 500 yuan to 1000 yuan+compensation for medical expenses and lost time+salary earned less due to detention.
2. The cost of minor injuries caused by fighting = fixed-term imprisonment of less than 3 years+compensation 1 10,000 yuan+compensation for medical expenses, lost time+wages earned less due to sentence.
3. The cost of fighting causing serious injuries = fixed-term imprisonment, life imprisonment or death penalty+economic compensation+serious social and family impact for more than 3 years 10 year.
4. Additional cost of beating people = civil liability expenses (legal fees+attorney fees+medical expenses+lost time)+criminal records left by public security organs+depressed mood+damaged reputation+worries of family and friends+greater losses in work and business.
In addition, once the criminal record is left by the public security organs, it will be accompanied by life. In the future, individuals and even their children will be restricted from taking the civil service examination, joining the army, joining the party, going abroad, studying abroad and getting employment.
According to the Law on Public Security Administration Punishment, those who beat others or intentionally hurt others' bodies shall be detained for more than five days and less than ten days, and fined between 200 yuan and 500 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:
1, gang up to hit people and hurt others.
2. Beating or injuring disabled people, pregnant women, people under the age of 14 or people over 60.
3. Beating or injuring others for many times or beating or injuring many people at one time.
The first paragraph of Article 234 of China's Criminal Law stipulates: "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." 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.
Compensation for medical expenses is generally based on the diagnosis certificate of the local treatment hospital and the documents or medical records and prescriptions of medical expenses, treatment expenses and hospitalization expenses, and can be appraised by forensic doctors when necessary.
The victim's absenteeism date shall be determined according to the actual damage degree and recovery status, and with reference to the certificate issued by the forensic appraisal or treatment hospital. If the victim's actual missed work date is less than the leave certificate, it shall be determined by his actual missed work date; If the actual working date is more late than the leave certificate, it is generally determined by the leave certificate.
Hospitalization food allowance shall be compensated according to the standard of food allowance for general staff of state organs on business trip (RMB/day) × hospitalization days.
The victim's self-care ability after being killed should generally be determined by forensic identification or a certificate issued by the treatment hospital. If the victim really can't take care of himself, his nursing expenses should be compensated. If the nursing staff has no income, the compensation for nursing expenses can be calculated according to the average living standard of local residents.
If the victim goes to a local hospital for treatment or must be transferred to another hospital for treatment, he shall compensate himself and the necessary nursing staff for their transportation expenses; Generally, the compensation for transportation expenses should be calculated according to the charging standard of buses, hard seats of trains and ships below the third class. In addition, it is also stipulated that the transportation fee should be consistent with the number of visits.
If the victim who must go to a foreign hospital for treatment really needs to wait for treatment due to lack of hospital beds or other reasons, and the injury does not allow him to return home, or the transportation fee to and from home is higher than the accommodation fee, he should compensate himself and the necessary nursing staff for their accommodation fee; Accommodation compensation can be based on the accommodation receipt and calculated according to the accommodation standard of ordinary staff of local state organs on business trips.
If it is proved by the forensic appraisal or the treatment hospital that the victim is seriously injured and it is really necessary to supplement nutritious food as adjuvant treatment, the expenses may be compensated as appropriate; Nutrition cost compensation can be calculated according to the proportion of 40% to 60% of the average living standard of local residents.
Spiritual damage consolation money is a kind of economic compensation for the infringement of the infringer and the physical pain or physical disability or death caused to the victim or his close relatives. The specific amount of mental damage compensation shall be decided by the court according to the actual situation.
Bian Xiao reminds you, don't be impulsive. You win in prison, you lose in hospital, and in a society ruled by law. Don't lose big because of small things.