There are several compulsory measures, not necessarily detention or arrest, but also bail pending trial. After the injury identification, the public security organ may detain or arrest the hitter. However, it is not necessary to take immediate action. Generally, the time limit for handling a case is three months.
Process of injury identification:
1. Entrustment:
(1) Judicial authentication institutions accept the entrustment of judicial organs and arbitration institutions to conduct judicial authentication.
(2) In litigation cases, judicial authentication institutions can also accept the entrustment of judicial authentication by the parties under the circumstances that the parties bear the burden of proof. Judicial expertise entrusted by the parties is generally carried out through law firms.
2. Acceptance:
After receiving the power of attorney, the judicial authentication institution shall examine the matters entrusted by the client and make the following decisions:
(1) For those who meet the acceptance conditions and can decide to accept immediately, the judicial authentication institution shall sign an acceptance contract with the client;
(2) If it is impossible to decide whether to accept or not immediately (2) If it is impossible to decide whether to accept or not immediately, the judicial authentication institution shall issue a Receipt of Entrusting Materials for Judicial Authentication to the client, and make a decision on whether to accept or not within 7 days from the date of receiving the entrusted materials;
(3) If a decision is made not to accept the case that it does not meet the acceptance conditions, the appraisal materials shall be returned and the reasons shall be explained to the client;
(4) if the letter is entrusted, the judicial authentication institution shall make a written reply on whether to accept it within 7 days from the date of receiving the letter. The judicial authentication institution shall, within 7 days from the date of receiving the letter, make a written reply on whether or not to accept it.
3. Initial appraisal
After the judicial authentication institution accepts the entrustment, the judicial appraiser designated by the judicial authentication institution or the judicial appraiser who is applied by the client and approved by the judicial authentication institution completes the entrustment.
4. Review appraisal
If there is any objection to the appraisal conclusion and it is necessary to review the appraisal, other judicial appraisal institutions with higher qualifications may be entrusted for review appraisal. In addition to the appraisal materials, the original judicial appraisal documents should also be submitted for review and appraisal.
v. issuance of judicial authentication documents
after the judicial authentication institution completes the judicial authentication within the statutory or agreed authentication period, it shall issue the judicial authentication documents on time. The original of the judicial authentication document is in triplicate, one of which is handed over to the client and the other two are filed by the judicial authentication institution.
Extended information:
After reporting the case, the public security organ shall punish the batterer according to the injury appraisal conclusion, and take compulsory measures to punish those who constitute a crime.
It is mentioned in the Criteria for Identification of the Degree of Human Injury that minor injuries refer to the damage of limbs or appearance, partial damage of hearing, vision or other organ functions or other injuries that are moderately harmful to human health, including minor injuries of Grade I and Grade II.
if the victim's injury is not less than minor injury, then the perpetrator is suspected of intentional injury and will be investigated for criminal responsibility. According to the provisions of the Criminal Law, anyone who 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 causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Baidu Encyclopedia-Criminal Law of People's Republic of China (PRC) < /P>