2. After the criminal case is tried, a separate civil lawsuit is filed.
Article 99 of the Criminal Procedure Law, if the victim suffers material losses due to the criminal acts of the defendant, he has the right to bring an incidental civil action in the course of criminal proceedings. If the victim dies or loses his capacity for civil conduct, his legal representative and close relatives have the right to file an incidental civil action.
Article 100 When necessary, the people's court may take preservation measures to seal up, detain or freeze the defendant's property. The plaintiff or the people's procuratorate in an incidental civil action may apply to the people's court for preservation measures. The people's court shall adopt preservation measures and apply the relevant provisions of the Civil Procedure Law.
Article 101 The people's court may conduct mediation in the trial of incidental civil litigation cases, or make a judgment or ruling according to the material losses.
What if the other party refuses to compensate for minor injuries? It is impossible not to pay compensation. If you don't pay compensation, you can file a lawsuit with a lawyer and get compensation through legal channels.
What if someone is slightly injured and the other party does not pay the medical expenses? You can sue for compensation for medical expenses, nursing expenses, lost time, nutrition expenses, hospital food subsidies, transportation expenses, etc. If it is identified as a minor injury by a forensic institution, it constitutes a crime of intentional injury. You can report to the police station and ask for criminal responsibility of the other party.
What if someone hits me slightly and the other party doesn't pay for it? At the same time, you can ask the other party to compensate you for your medical expenses. Intentional injury causes minor injuries, generally less than three years. If you are slightly injured for less than three years, you can only ask the other party to compensate you for your medical expenses or ask for administrative detention. The other party does not have to bear the criminal responsibility of intentional injury. The special items of personal injury compensation include: medical expenses, nursing expenses, lost time, hospital food subsidies, nutrition expenses, transportation expenses, follow-up treatment expenses, disability compensation, spiritual damages and so on.
According to the criminal law, intentional injury that causes minor injuries to others has constituted the crime of intentional injury. You can report the case to the public security organ and ask the other party to pursue criminal responsibility. In addition, you can negotiate with the other party for civil compensation for the injury. If the other party is unwilling to pay compensation, it can bring a lawsuit to the court.
If the other party refuses to admit how to fight and cause minor injuries, he shall be sentenced to fixed-term imprisonment of not more than three years in accordance with the regulations. Report the case to the public security organ in time, look for witnesses, and demand compensation for treatment expenses, lost time, nursing expenses, transportation expenses, etc.
Did you call the police?
If the other party does not compensate for the minor injuries caused by the beating, it is suspected of intentional injury and needs to bear criminal responsibility. The public security organ shall file a case. After the investigation is completed, the public security organ shall hand it over to the people's procuratorate, and the people's procuratorate shall bring a public prosecution to the people's court and investigate the criminal responsibility of the criminal suspect according to law. In the course of criminal proceedings, the victim may file an incidental civil action and demand to bear civil liability for compensation.
Civil compensation: medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses, and the amount of compensation depends on the specific circumstances. If it constitutes a disability level, there is also disability compensation: the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the court of appeal is located *20 years * disability coefficient.
Legal basis: criminal law
Article 234 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.
Criminal procedure law
Article 99 If the victim suffers material losses due to the criminal act of the defendant, he has the right to bring an incidental civil action in criminal proceedings. If the victim dies or loses his capacity for civil conduct, his legal representative and close relatives have the right to file an incidental civil action.
If state property or collective property suffers losses, the people's procuratorate may bring an incidental civil action when it brings a public prosecution.
The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
Article 17 If the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and reduced income caused by absenteeism, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.
If the victim is disabled due to injury, the compensation obligor shall also compensate the necessary expenses incurred due to the increase of daily needs and the income loss caused by the loss of working ability, including disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment.
If the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses stipulated in the first paragraph of this article according to the rescue and treatment, also compensate the funeral expenses, living expenses of the dependents, death compensation and other reasonable expenses such as transportation, accommodation, lost time and so on for the funeral expenses of the relatives of the victim.
Article 25 Disability compensation shall be calculated from the date of disability according to the degree or level of disability of the victim and the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the appeal court is located, and the calculation period shall be 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
If the victim is disabled due to a work-related injury, but his actual income has not decreased, or his disability level is light, but his employment is seriously affected by occupational hazards, his disability compensation can be adjusted accordingly.
I was slightly injured, and the mediation failed. The other party didn't lose money, and I didn't have the money to sue. What should I do? First, you live in Wenzhou, and I know a little about the social situation in Wenzhou. As you said, the situation in Wenzhou is not a case. You should understand it correctly.
Second, not only in Wenzhou, but also in the process of public security and court handling cases. As far as things are concerned, you appear as a victim in the article, including the cause of the matter. You only mentioned that you inserted a few more words, which was not that easy. You must have said something nasty. At that time, it took some time to get such a result. Nominally, someone else took it out on you. In fact, it is also targeted. Everything happens for a reason, so you usually have to do it.
Third, I tell you clearly that those people in the police station are inclined to the rich class almost nine times, and they are still showing it to their superiors on the first trip. There are no dead people like you in civil acts. After arriving at the police station, most of them take internal mediation. You only talk to the beating party, and the police station is just a proof. If you are serious about the case handlers, there will definitely be no good results. According to them, you have to make a formal disability appraisal and then file a lawsuit in the people's court. You have gone too far as a migrant worker. It's just that month after month, you are tortured to death. After all, they have handled cases and followed other people's procedures. I tell you, even if you win the case in court, if someone tries to put an insignificant person in prison for a few days, you won't get what you don't deserve. If you are put in prison, you just can't do anything.
Four, give in-depth analysis is nothing more than two measures:
1. Take the initiative to have a lesbian relationship with the police station leaders and ask them to communicate with them. The problem of thousands of dollars is really too small in their eyes. The question is whether anyone is willing to contribute to you, and keep a low profile. After all, it's because of many things of you! Go to the police station and prepare several packs of cigarettes.
2, timid, fearless, as long as you want to leave, there will be local media to do propaganda, what do you know, mind your own business, report to the media to reflect your situation, of course, these behaviors must be disclosed to the people of the police station intentionally or unintentionally. As far as I know, Wenzhou leaders still pay more attention to the performance supervision of public institutions, and you will pretend to be indifferent to those who hit you. In fact, Wenzhou locals are very afraid of foreigners going crazy. Because foreigners have no house or job, they just run away after committing the crime. Then what are you worried about? In their eyes, the lives of local people are much more expensive than those of you foreigners. You still have the skills to find an operator, which also shows your intention in this regard. To put it bluntly, people have nothing to be afraid of. You screwed me up today. If I am in a hurry in the future, I can take care of you as long as I have breath. After reading your information, I feel that you should also be a veteran. Where is the blood in you?
Flexible use of two methods and two ways, Xiangzi wishes you good luck (you are the leader of the older generation in China, show your blood).