20 15 what should I do if the victim's fault causes minor injuries and he does not agree to the settlement? I will sue to the court for civil compensation. If you are at fault, you should reduce the responsibility of the other party, but you must compensate for the damage and loss you have caused. At the same time, you can ask to investigate the criminal responsibility of the other party.
Why do public security organs prosecute cases of intentional injury when they beat people slightly or intentionally? The public security organ may investigate the criminal responsibility of the criminal suspect in accordance with the public prosecution procedure, and the victim may also directly file a criminal incidental civil private prosecution with the court.
Whether the public security organ should accept the accident that caused minor injuries does not constitute a crime, and the public security organ will not accept it. Only negligence can cause serious injury can constitute a crime.
What should migrant workers do if they ask for wages and fight in groups, causing minor injuries and disagree with reconciliation? Whoever intentionally hurts the body and causes minor injuries shall be investigated for criminal responsibility. Anyone suspected of intentional injury shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Delaying or defaulting on labor remuneration can complain to labor supervision or apply for labor arbitration. If you replace the maintenance right by violating the law, you will be severely punished by the law.
Relevant regulations:
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 taking special courageous actions 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.
The court ruled that the public security organ should allocate the stolen money. What if the bank doesn't agree? The public security has no right to deduct deposits, and the bank's disapproval means that the legal documents are not in compliance and cannot be deducted.
How to express the willingness to pay compensation to the public security organs after injury can be directly expressed to the case handlers. For cases of intentional injury, the public security can mediate and handle minor injuries below the second level; Slight injuries of more than two, positive compensation, can be given a lighter punishment; If a criminal settlement is reached with the victim, the punishment may be lightened, mitigated or even exempted. 1. Law on Punishment of Public Security Administration Article 9 If the circumstances are minor, the public security organ may mediate acts that violate public security administration, such as fighting and damaging other people's property caused by civil disputes. If the parties reach an agreement through mediation by the public security organ, they will not be punished. If the mediation fails to reach an agreement or fails to perform after reaching an agreement, the public security organ shall punish the violator of public security administration in accordance with the provisions of this law, and inform the parties that they can bring a civil lawsuit to the people's court according to law. II. Supreme Law Guiding Opinions on Sentencing III. Application of Common Sentencing Circumstances 9. For those who actively compensate the victims for their economic losses and get an understanding, considering the nature of the crime, the amount of compensation, the compensation ability and the degree of confession and repentance, the benchmark punishment can be reduced by less than 40%; Those who actively compensate but fail to reach an understanding can reduce the benchmark punishment by less than 30%; Although there is no compensation, if an understanding is reached, the benchmark penalty can be reduced by less than 20%; Among them, robbery, * * and other crimes that seriously endanger public order should be strictly controlled.
10. According to Article 277 of the Criminal Procedure Law, if the parties reach a criminal reconciliation agreement, they can reduce the basic punishment by less than 50% by comprehensively considering the nature of the crime, the amount of compensation, apology, sincere repentance and other factors. If the circumstances of the crime are minor, the benchmark punishment may be reduced by more than 50% or exempted from punishment according to law.
The evidence of minor injuries is obvious. What should the public security organs do if they have not detected it? They can submit it to the procuratorate, which has the right to supervise the public security organs. If the people's procuratorate believes that the reason why the public security organ does not file a case cannot be established, it shall notify the public security organ to file a case, and the public security organ shall file a case after receiving the notice.
Article 110 of the Criminal Procedure Law, the people's court, the people's procuratorate or the public security organ shall promptly examine the materials reported, accused, reported and surrendered within their jurisdiction, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.
Article 111 of the Criminal Procedure Law: If the people's procuratorate thinks that the public security organ does not file a case for investigation, or if the victim thinks that the public security organ does not file a case for investigation, the people's procuratorate shall ask the public security organ to explain the reasons for not filing a case. If the people's procuratorate believes that the reason why the public security organ does not file a case cannot be established, it shall notify the public security organ to file a case, and the public security organ shall file a case after receiving the notice.
What should the public security organs do after secondary compensation for minor injuries? If a fight causes minor injuries and is suspected of intentional injury, he shall be sentenced to fixed-term imprisonment of not more than three years, and compensation shall be paid for treatment expenses, lost time, nursing expenses, transportation expenses and other losses. If you actively compensate and get the victim's letter of understanding, you can sentence him to probation.
Intentionally causing minor injuries, and the victim's letter of understanding has been obtained. What should the public security organs do if they don't release people? Anyone suspected of intentional injury shall be investigated for criminal responsibility according to law and sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Those who actively compensate the victim for understanding may be given a lighter punishment.
Relevant regulations:
Article 234 of the Criminal Law 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.
The Supreme People's Court's Guiding Opinions on Sentencing for Ordinary Crimes
9. For those who actively compensate the victims for their economic losses and gain understanding, considering the nature of the crime, the amount of compensation, the compensation ability and the degree of confession and repentance, the benchmark punishment can be reduced by less than 40%; Those who actively compensate but fail to reach an understanding can reduce the benchmark punishment by less than 30%; Although there is no compensation, if an understanding is reached, the benchmark penalty can be reduced by less than 20%; Among them, robbery, * * and other crimes that seriously endanger public order should be strictly controlled.