2. In administrative cases, especially common public security cases of intentional injuries and minor injuries, if the police think that they can not pursue the legal responsibility of the parties, they will inform the victims that they can bring a lawsuit directly to the people's court and withdraw the lawsuit. If the victim requests the public security organ to handle it again, the public security organ shall accept it.
"Provisions of Public Security Organs on Handling Injury Cases" Article 8 If the victim has evidence to prove intentional injury (minor injury), the case-handling personnel shall inform the victim that he can bring a lawsuit directly to the people's court. If the victim requests the public security organ to handle it, the public security organ shall accept it.
Article 16 of the Criminal Procedure Law shall not be investigated for criminal responsibility under any of the following circumstances. If the investigation has been concluded, the case shall be dismissed, or no prosecution shall be instituted, or the trial shall be terminated, or the case shall be declared innocent:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(two) the crime has passed the limitation period;
(3) Being exempted from punishment by an amnesty order;
(4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law;
(5) The criminal suspect or defendant dies;
(six) other laws and regulations shall be exempted from criminal responsibility.
Extended data:
Case:
The case of intentional injury causing minor injuries was successfully solved and the prosecution was dismissed.
Chen Mou had an argument with Bai on 20 13, and pushed Bai to the ground during the shoving. Bai was crying in pain. Chen Mou called 1 10 and 120 to take Bai to the hospital. After examination, Bai had three broken ribs. Chen Mou was taken to the police station to find out the situation and was released on bail pending trial. Since then, he has never paid attention to this matter. It wasn't until 20 14 that I received a phone call from the procuratorate saying that I would go to court to sue, and I began to worry and found a lawyer through my family.
After accepting the case, Zhang Yi, a lawyer, went to the procuratorate to read the papers and contacted the chief prosecutor, explaining that Chen Mou, the party involved in this case, was not subjective, which was caused by the escalation of the quarrel between the two sides, and the victim was at fault. Chen Mou did not want to cause such serious consequences.
And Chen Mou is still young, and is in the stage of talking about marriage with his girlfriend. If he goes to court, it will have a very negative impact on Chen Mou's life. Knowing that Chen Mou's subjective malignancy was not serious and the consequences were not too serious, the prosecutor gave him an opportunity to send the case back to the investigation stage.
When the case returned to the police station, because the victim Bai didn't want to contact me, I took the initiative to contact Bai, expressing my understanding of Bai's pain and explaining the intention of positive compensation and reconciliation. Bai proposed to compensate certain medical expenses on the basis of medical expenses. After several consultations, a sum acceptable to both parties was reached, and a letter of understanding was issued for nothing.
So far, in the investigation stage, the police station has rejected the case.
Due to the efforts of the lawyers in this case and the meticulous leniency of the investigation and procuratorial organs, this case did not leave a criminal record for Chen Mou, and it is the best result for him to actively compensate and reconcile and dismiss the case.
References:
The Supreme People's Procuratorate-Criminal Procedure Law
References:
Bazhong Public Security Bureau-Provisions of Public Security Organs on Handling Injury Cases