1. Those who have not caused minor injuries will be punished by public security:
Beating others, or intentionally hurting others' bodies, shall be detained for more than five days and less than ten days, and a fine of more than 200 yuan and less than 500 yuan shall be imposed; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.
2. Those who cause minor injuries or more will constitute the crime of intentional injury and be subject to criminal punishment:
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. Those who cause 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.
What if the man doesn't get divorced?
According to Chinese law, if both parties agree to divorce and reach an agreement on child support and property disposal, they can go through the divorce formalities at the marriage registration office.
If one party does not agree to divorce, the other party may bring a lawsuit to the people's court for divorce. The people's court will judge whether the relationship between the two parties has really broken down according to relevant standards. If mediation fails, the judgment will grant divorce.
The first time I filed a divorce lawsuit, the other party disagreed. If there is no legal situation that the relationship between husband and wife has indeed broken down, the court will generally not decide on divorce.
In court, the other party often claims that the feelings between husband and wife are still there and hope to continue to live a good life. In this case, the judge usually gives the defendant a chance, hoping that both parties can cherish the feelings of husband and wife, safeguard the relationship between husband and wife, and decide to dismiss the prosecution.
However, it cannot be solidified that there is no possibility of divorce after the first prosecution. In divorce cases, if the evidence of the first prosecution is sufficient to prove that the two sides have reached the level of "emotional breakdown", the court will also decide to divorce.
What is the filing standard for domestic violence cases?
The public security organ, the people's procuratorate and the people's court shall immediately inquire about the preliminary situation of the case, make a written record, conduct a speedy trial, and decide whether to file a case according to the provisions of the Criminal Procedure Law and their own jurisdiction.
For those who meet the conditions for filing, it is necessary to file a case in time. Those who may constitute a crime but do not belong to their own jurisdiction shall be transferred to the competent authority for handling, and the informant, complainant or informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department.
Upon examination, if domestic violence does not constitute a crime, but it is a violation of public security administration, the case shall be transferred to the public security organ for handling in accordance with the provisions of the Law on Public Security Administration Punishment, and the victim shall be informed that he can apply to the people's mediation committee or bring a civil lawsuit to the people's court, requiring the offender to bear civil liabilities such as stopping the infringement, apologizing and compensating for losses.
If the victim is slightly injured by the beating behavior of the perpetrator, the perpetrator's behavior has violated the criminal law and is suspected of intentional injury or even intentional homicide or negligent death. Therefore, if he is suspected of committing a criminal offence after calling the police, the public security will conduct a criminal investigation.
The actor will be subject to administrative responsibility (admonition, fine, administrative detention), civil responsibility (liability for damages, loss of inheritance), and even constitute a crime, and will be subject to criminal investigation.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 43 of the Public Security Administration Punishment Law
Beating others, or intentionally hurting others' bodies, shall be detained for more than five days and less than ten days, and a fine of more than 200 yuan and less than 500 yuan shall be imposed; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.
Under any of the following circumstances, he 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 gang;
(2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 60; (3) Beating or injuring others for many times or beating or injuring more than one person at a time.
Article 234 of the Criminal Law
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.