Today, a friend and I lost power in a tea shop. Suddenly, two plainclothes men pulled me up and gave me a bad name. At first, I thought it was a pyramid scheme or other criminal organization, but I didn't expect it to be a policeman, so I didn't provide my name at the first time. Because of his bad attitude, he didn't show the relevant certificates at the first time. After I refused to answer his questions several times, he began to touch me. And produced a police officer's card and forcibly detained me in the car, which was not a police car. Cuff me in the car and hit me in the face. And repeated the remarks of "Let me be honest, don't be so arrogant". At this point, I don't believe it's the police, who are organizing an escape strategy. However, they drove to the police station. And handcuffed me for nearly an hour, during which I rummaged through my mobile phone photo album, QQ and WeChat, and found and teased my privacy. Later, after discovering that I was not a criminal, I was forced to write a letter of guarantee before I was released. I didn't receive an apology after my release, but threatened to pay attention in the future. Don't resist them. I am located in a small county. This picture shows the scar left by forcibly handcuffing my wrist.
Excuse me, did they do it right?
The fight caused minor injuries, and the police handled it this way.
In our daily life, quite a few people fight because of quarrels and quarrels, and report to the police for the record, from mediation or public security punishment to criminal cases, and accept court sanctions. Fighting is a bad behavior, which may harm others' health, and in turn may harm your own health. Through the following cases, we know what legal penalties fighting may face:
Case review: Long Momei drove his DV63×× "Nissan" off-road vehicle, carrying his wife Zhang, aunt Zhang Mouming, mother-in-law Zhang Mouqiong, niece Zhang Mouyun and others, passing through the section near Li Mohe's home in Macheng Village, Nanhai Town, Songzi City, and met Li Mohe who was driving ducks on the section. Due to the glare of headlights, Li and Long Momei had a dispute and then entangled in a fight. When Li and You saw this, they told the defendant Li Moucai (Li and his brother) to stop fighting. After the defendant Li arrived at the scene, he saw many scars on Li and his body. He thinks that Li and he have suffered a loss and are very angry. In order to retaliate against Long Momei, he punched Long Momei on the nose, causing Long Momei's bilateral nasal bones. Appraised by the Judicial Appraisal Center of Songzi City, Hubei Province, Long Momei was slightly injured and Li Mohe was slightly injured.
During the trial, because the defendant Li did not hire a defender, the presiding judge patiently explained the legal provisions and the legal rights enjoyed by the defendant. pass by
The solemn court hearing, at the same time, in front of the prosecutor's professional questions and conclusive evidence, the defendant Li confessed his criminal facts and expressed remorse in court.
Case handling result: Defendant Li Moucai intentionally injured others' bodies, causing one person to be slightly injured. The facts are clear and the evidence is indeed sufficient, and his behavior has constituted the crime of intentional injury. The facts and charges charged by the public prosecution agency are established. In view of the fact that this case was triggered by civil conflicts, the defendant Li Moucai was able to truthfully confess his crimes after he was brought to justice, which should be considered as a confession, and he voluntarily pleaded guilty during the trial, which can be given a lighter punishment; The defendant Li Moucai and the victim Long Momei voluntarily reached a settlement agreement, actively compensated them for all their economic losses, and reached an understanding. Moreover, the victim Long Momei was at fault and could be given a lighter punishment as appropriate. Therefore, the court made a judgment in court: the defendant Li committed the crime of intentional injury and was sentenced to three months in criminal detention.
Case analysis: Whoever intentionally hurts another person's body, causing minor injuries of the first degree, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Slightly injured second-degree bilateral nose bridge
Of course, it meets the standards for criminal filing. In this case, the victim voluntarily compensated, pleaded guilty and reached a settlement with the parties, all of which were the reasons for his light sentence.
Fighting is only a minor fight, which has not caused serious consequences, and the "Public Security Punishment Law" shall be applied for public security punishment; If the circumstances are serious and cause serious consequences, then according to the provisions of the criminal law, those who participate in affray shall be punished as affray, and affray shall only punish the ringleaders. At the same time, depending on the seriousness of the case, causing minor injuries or more, it constitutes a crime of intentional injury and is sentenced.
The consequences of fighting can range from apologizing and compensating for losses (there is a legal basis: Article 36 of the Criminal Law clearly stipulates: "If the victim suffers economic losses due to criminal acts, he shall be given criminal punishment according to law and be sentenced to compensate for economic losses according to the situation." Article 37 of the Criminal Law stipulates: "According to the different circumstances of the case, disciplinary action may be taken or an order may be made to make a statement of repentance, apologize and compensate for the losses." )
If the circumstances are serious, fixed-term imprisonment, life imprisonment or death penalty are all possible. In daily life, we should try to avoid fighting. If you have any legal doubts or need legal help, you can pay attention to us, consult privately, and have a professional lawyer to answer your questions for free.
How to deal with injuries in general police stations or police stations?
Well, according to the specific injuries, the general public security organs will require the injured to carry out injury identification in accordance with relevant regulations and deal with them according to the identification results.
In the first case, if the appraisal result is slight, the public security organ will mediate.
No more punishment after mediation reaches an agreement; If the mediation fails or the agreement is not fulfilled after reaching, the public security organ may impose a fine or administrative detention 15 days or less. Minor injuries do not meet the standard of criminal filing, and do not constitute a criminal case. There is no criminal responsibility, only administrative responsibility (public security punishment) and civil liability for compensation.
At this time, the victim can only ask for civil compensation, and at the same time ask the public security organ to impose public security punishment on the hitter. However, if you are suspected of gathering people to fight and picking fights, you may be sentenced.
In the second case, if the appraisal result is a minor injury, it is already a criminal case, and the public security organ should file a case for investigation.
, shall be investigated for criminal responsibility of the hitter.
At this time, the police station will still let the two sides mediate in the civil part. Those who meet the conditions of criminal reconciliation shall not be treated as criminal cases; Those who do not meet the conditions for criminal reconciliation shall be treated as criminal cases.
In the third case, if the appraisal result is serious injury, it must be treated as a criminal case and the criminal responsibility of the hitter shall be investigated.
At this point, the police station can let the two sides mediate on civil compensation.