Legal Analysis
According to relevant legal provisions, the investigative agency shall inform criminal suspects and victims of the appraisal opinions used as evidence. If the criminal suspect or victim applies, supplementary identification or re-identification may be made. After an injury case occurs, the victim should call the police promptly and ask the police station to issue an injury appraisal certificate for injury appraisal after being discharged from the hospital. After judicial appraisal, if the injured person is slightly injured, he will face administrative detention for up to 15 days. Those who cause minor injuries shall bear criminal responsibility, and those who surrender may be given a reduced punishment as appropriate. Beating the opponent to fractures requires forensic identification. If the injury is a minor one, a sentence will be imposed. If it does not constitute a crime, he will be punished by public security and detained in accordance with the law. However, if the other party understands or gives up the prosecution, the judgment may not be imposed. If the injury reaches Level 2, the attacker will be held criminally responsible for intentional injury in accordance with relevant laws. If the person who beats someone is a repeat offender, the public security organs shall be severely punished in accordance with relevant laws. Either way, there are expenses such as medical bills that need to be paid. After the personal injury disability level is determined, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damage compensation, etc.
Legal Basis
Article 146 of the "Criminal Procedure Law of the People's Republic of China" In order to ascertain the facts of the case and it is necessary to solve the specialized problems in the case, a prosecutor shall be designated and hired. A person with specialized knowledge conducts the appraisal.
Article 179 of the "Civil Law of the People's Republic of China" Who infringes upon others and causes personal damage shall be compensated for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization food subsidies and other reasonable expenses for treatment and rehabilitation. expenses, and lost income due to lost work. If disability is caused, the cost of assistive devices and disability compensation shall also be paid; if death is caused, funeral expenses and death compensation shall also be paid.
Article 43 of the "Public Security Administration Punishment Law of the People's Republic of China" Whoever beats another person or intentionally injures another person's body 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. fine; if the circumstances are 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 or injuring others in a group; (2) Beating or injuring disabled persons, pregnant women, A person under the age of fourteen or a person over the age of sixty; (3) Beating or injuring others multiple times or beating or injuring multiple people at one time.
Article 234 of the "Criminal Law of the People's Republic of China" Whoever intentionally harms the body of others shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Anyone who commits the crime in the preceding paragraph and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; whoever causes death or severe disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death. If this law provides otherwise, such provisions shall prevail. Article 234-1 Whoever organizes others to sell human organs shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall be fined or his property shall be confiscated. Anyone who removes their organs without their consent, or removes the organs of a person under the age of 18, or forces or deceives others to donate organs, shall be subject to the provisions of Articles 234 and 232 of this Law. Conviction and punishment. Anyone who violates state regulations and removes organs from a person's corpse against his or her will before death, or removes organs from a person's corpse against his or her will without the consent of his close relatives before his or her death, shall be convicted and punished in accordance with the provisions of Article 302 of this Law.