1, under normal circumstances, if you file a case, the police will go to those two people only if they are investigated for criminal responsibility. If they are not held accountable, the general police will not bother others.
Generally speaking, even administrative responsibility (in real life) is strictly a crime of intentional injury (to others) in criminal responsibility. This crime should be measured according to the degree of injury. As you said, you have an injury certificate. You can ask the hospital to do another injury identification, such as minor injuries and serious injuries. And then hold them accountable.
3, the general police is to file a case, and then handle the administrative case, so that one party can pay an economic fee according to the specific situation, and then detain it for a few days, and it is over.
4. If you can't find someone, keep looking for someone. Anyway, the case has been filed, and there is a file backup. In the future, when someone finds a file to continue the trial (this is the procedure of criminal cases). In addition, the general parties should be investigated for administrative responsibility and detained for several days.
Question 2: What will happen when two people fight to the public security bureau? 1. The public security organs can mediate and handle acts that violate public security management, such as fighting and damaging other people's property caused by civil disputes.
Two, after mediation by the public security organs, the parties reached an agreement, no punishment.
3. 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 the Law on Public Security Administration Punishment, and inform the parties that they can bring a civil lawsuit to the people's court in accordance with the Law on the Handling of Civil Disputes.
Four. Legal basis: Article 43 of the Law on Public Security Administration Punishment (revised 20 12) whoever beats others or intentionally hurts others' bodies shall be detained for more than five days and less than ten days, and shall be fined 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.
Question 3: What should the police station do when two people fight? Suitable. Fighting between the two sides belongs to mutual beating, which violates the provisions of People's Republic of China (PRC) Public Security Punishment Law and should be fined or detained. If Party A bumps into Party B lightly, Party A shall bear the economic disputes caused by personal injury compensation. However, in view of B's own fault of hitting people first, A's responsibility should be appropriately reduced. Therefore, the dispute in this case should be: A bears 70-80% of the primary responsibility, and B bears the secondary responsibility (20-30%). It is also right for the police station to let you mediate by yourself. If both parties are dissatisfied, B can bring a lawsuit to the court, which will handle it.
Question 4: How to deal with minor injuries on both sides of the fight? Legally speaking, minor injuries are not the responsibility of public security organs in private prosecution cases, and minor injuries should be investigated by public security organs and prosecuted by procuratorates.
Well, both sides were slightly injured, so neither side ran because of intentional injury, not because both sides were slightly injured. Although the public security organs haven't caught anyone yet, I suggest you go to the public security organs to ask what's going on, or just wait and it may pass (unlikely, depending on the local conditions, after all, the public security organs still have a lot to do at the end of the year).
Question 5: Both sides of the fight were slightly injured. How should the police station handle this case? Generally speaking, there are two ways for police stations to deal with such cases in practical work: one is to adjust and solve them, and the other is to deal with them according to law. Your situation tends to the first one. The general process of handling is as follows: fighting-getting injured-going to the police station-issuing the medical certificate of the designated hospital-seeing a doctor (paying for it yourself, but if the other party is detained, no one will reimburse you later, and if you want to take the mediation route, the other party can pay you more for the medical expenses)-going back to the police station with the diagnosis certificate issued by the doctor-going to the forensic identification center of the sub-bureau with the certificate issued by the police station-going back to the office. It should be noted that the mediation of public security organs is one-off, that is, how much money is spent on seeing a doctor. On this basis, we can appropriately ask for lost time and nutrition expenses, and asking for so-called compensation for mental damage is not supported. And once mediation is conducted, there will be no disputes in this case in the future. If there are sequelae, the police station will no longer mediate and need to file a lawsuit with the court. Handling of beating others: You hit me, as long as you admit that you did hit me, you can be detained without injury, usually within 5 days. Don't hit people casually in the future, remember; Ordinary skin injury and rib fracture were minor injuries, and they were detained for 5- 15 days; Minor injuries or above are criminal detention, with a maximum of 3 months. In the meantime, you will wait for the court's decision, and your prison life will begin sooner or later ... by the way, you beat others twice in six months, the first detention and the second reeducation through labor. Then don't regret it Maybe I can't go home for a year and a half, and my wife will have to run away with someone else. ...
Judging from your situation, the other party was at fault first. You injured each other in the process of fighting with each other and there was something in it that prevented the other party from committing illegal acts (don't say self-defense in front of the police and make a fool of yourself). Generally, it can't be handled, even if it is sent to a detention center, so it's best to ask them for more money. But the key point is that you can't do forensic identification without seeing a doctor, and as I said above, neither the police station nor the court supports financial compensation.
Question 6: How to deal with a fight between the two sides 1? It is recommended to report the case to the police in time. If the injury is identified as minor injury or above (including minor injury), the hitter has been suspected of intentional injury and should be investigated for criminal responsibility according to law. The first paragraph of Article 234 of the Criminal Law stipulates: "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.
2. After filing a case, the public security organ may file an incidental civil action and demand compensation for personal injury; Of course, you can also directly sue the court for personal injury compensation;
3. If the injury is identified as minor injury, you can directly sue the court for personal injury compensation; At the same time, you can ask for administrative punishment. Article 43 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, whoever beats others, or intentionally hurts others' bodies, shall be detained for more than five days and less than ten days, and shall be fined 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.
4. The items of personal injury compensation include: disability compensation, medical expenses, food subsidies for hospitalization, follow-up treatment expenses, lost time, nursing expenses, living expenses of dependents, disability AIDS, nutrition expenses, transportation expenses, spiritual damages, etc.
According to the law, the hitter should not only bear criminal responsibility or administrative responsibility, but also bear the responsibility of personal injury compensation. Taking criminal responsibility or administrative responsibility does not mean not taking civil liability for compensation. Or bear civil liability for compensation, does not mean that it does not bear criminal or administrative responsibility; In layman's terms, it is to fight and punish;
Question 7: What will the two sides do in the end? I think the main purpose of your consultation is to see if your friend constitutes self-defense. According to the criminal law, whether it constitutes justifiable defense should be judged from five elements. If you have five elements at the same time, you can constitute self-defense: 1. Causes and conditions: illegal infringement must exist in reality and cannot be mistaken by defenders; 2. Time condition: the illegal infringement is going on, but it can't start or end; 3. Subjective conditions: having a sense of defense; 4. Object conditions: only the infringer can be defended, but not the third person; 5. Restriction conditions: it does not obviously exceed the necessary limit, and the defensive behavior must be carried out within the necessary and reasonable limit. In response to your statement, the focus of the problem mainly lies in the limit condition, that is, whether your friend's behavior exceeds the limit of defense. Whether it exceeds the limit should be measured by the harm at that time, combined with the means, tools and parts of the three people's attacks on your friends. If all three people hit your friend with sticks, your friend will defend with bricks, and the strength is basically the same. It should not be regarded as excessive defense, but as legitimate defense. If the opponent only hits with fists and your friend defends with bricks, then the intensity of defense and unlawful infringement is somewhat unbalanced, but if there are other emergencies, it is also possible to rule out excessive defense and create a reasonable existence of legitimate defense. According to the provisions of Article 20 of the Criminal Law of People's Republic of China (PRC), in order to protect the state, public interests, personal, property and other rights of oneself or others from ongoing unlawful infringement, stopping unlawful infringement and causing damage to the unlawful infringer, it belongs to self-defense and does not bear criminal responsibility. Unlimited defense refers to the act of taking defensive actions against ongoing violent crimes such as attacks, killings, robberies, * * *, kidnappings, etc., which seriously endanger personal safety, resulting in illegal injury or death. It is not excessive defense, but it is still legitimate defense and does not bear criminal responsibility. If justifiable defense exceeds the necessary limit and causes great damage, criminal responsibility shall be borne, but the punishment shall be mitigated or exempted. Because it is very important to determine the situation on site, please check it carefully. If you have any questions, you can ask them or call me. Because your description of the scene of the incident is not detailed enough, I can only give a principled reply and a certain hypothetical analysis. I hope my reply can help you and wish you all the best!
Question 8: What about the police station where both sides were injured in the fight? First of all, the victim should call the police in time, then do forensic identification, and decide the legal responsibility of the hitter according to the identification results.
First, if it is identified as minor, the public security organ will impose public security punishment on the hitter and bear the victim's medical expenses, lost time and other expenses.
Article 43 of the Law on Public Security Administration Punishment: "Whoever beats another person or intentionally hurts another person's body shall be detained for more than five days and less than ten days, and shall be fined between 200 yuan and 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. "
Two, the identification results for minor injuries, the public security organ shall file a case for investigation, shall be investigated for criminal responsibility. If the public security organ refuses to file a case, it may file a criminal private prosecution with the people's court and demand that the criminal responsibility of the hitter be investigated. Whether it is public prosecution or private prosecution, an incidental civil action can be filed at the same time, demanding compensation for medical expenses from the other party.
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 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.
Third, the scope of civil compensation, according to the provisions of Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, includes medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, necessary nutrition expenses, etc.
Question 9: When both sides fight, the other side fights first, and we fight back, and both sides are injured. What should I do? It's best to negotiate privately. Although they made the mistake first, you were also involved. Being involved in the police station is not good for both sides. You can ask powerful police or arbitration institutions to intervene and help the public security bureau. As a result, you have to accompany them to pay for medical expenses. It's disgraceful that the other party has suffered a little more than you. If you have money, you can find a peacemaker.
Question 10: Both sides fight and the other side is hospitalized. What should we do next? This kind of thing, find a lawyer to do, they are professional.