1. What is the sentencing standard for perforation of eardrum?
The appraisal of minor injuries shall be appointed or hired by the public security organ, the people's procuratorate and the people's court according to law by a forensic doctor who enjoys the right of judicial appraisal or a person with the qualification of forensic appraisal as an appraiser. The determination of the degree of injury should be based on the primary injury and its direct consequences caused by external factors, including the injury at the time of injury, complications and sequelae caused by injury, etc. , comprehensive analysis and evaluation should be carried out.
If the perforation of the eardrum has sequelae and the injury reaches minor injury, his behavior violates the provisions of the criminal law. Suspected of intentional injury, he will be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control. If it is only a simple perforation of the eardrum, it will only constitute a minor injury, and its behavior is only a violation of public security management, with a maximum detention of ten days.
The appraisal standards for minor injuries are applicable to the appraisal standards for the degree of personal injury issued by the Supreme Law, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security and the Ministry of Justice, and are applicable to investigating the infringer's administrative responsibility (criminal responsibility for minor injuries or above). Civil compensation also needs disability appraisal, using the Supreme People's Procuratorate, Ministry of Public Security, Ministry of National Security and Ministry of Justice. However, minor injuries should not constitute a disability level, and the compensation obligor only compensates for medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.
Second, how long does it take for the judicial appraisal of eardrum perforation?
1, all based on primary injuries, in principle, within 3 months.
2, where the appearance is damaged or organs (brain, hearing devices, visual devices, etc.). ), limb function damage as the main evaluation basis, it is necessary to observe and detect the consequences or outcomes of the injury, generally within 3 months to 6 months after the injury; Any difficult, complicated and uncertain injury degree can be carried out within 6 months after the end of treatment or after the state is stable.
3. For those who are involved in appearance damage or functional damage and have not reached the evaluation time of damage degree, under special circumstances, pre-examination opinions (conclusions) can be made directly according to the primary injury and its complications, and possible sequelae can be explained; When necessary, it can be re-examined when evaluating the degree of damage and make an appraisal conclusion.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 43 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment stipulates that those who beat others or intentionally hurt others' bodies shall be detained for more than five days and less than ten days, and fined for more than 200 yuan and less than 500 yuan; 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, the offender shall be detained for more than 10 and less than 15, and fined for more than 500 yuan 1000 yuan:
(a) gang beating, hurting others;
(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.