Daily law popularization of the punishment for fights and brawls

Mondo Social Updated on 2024-02-26

Fights and brawls still happen from time to time in life, and fights and brawls may rise from public security cases to criminal cases depending on the seriousness of the circumstances, so how will fights and brawls be punished for intentionally injuring people? What are the criteria for filing a criminal case?

1. Punishment for fights and brawls:

According to Article 43 of the "Public Security Administration Punishment Law": "Whoever assaults another person, or intentionally injures another person's body, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB

1) Gang up to beat or injure others;

2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

3) Repeatedly beating or injuring others.

If more than minor injuries are caused, it constitutes the crime of intentional injury and is subject to imprisonment!

2. Circumstances in which a fight constitutes a criminal case.

The Criminal Code is a legal provision that deals with criminal cases of injury such as fights and brawls.

1) Article 234.

Intentional injury] Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

2) Article 238.

1. Whoever illegally detains another person or unlawfully deprives another person of his or her personal liberty by other means is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights.

2. Where there are circumstances of beating or insulting, a heavier punishment is to be given.

3. Whoever commits the crime described in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; and where death is caused, the sentence is to be 10 or more years imprisonment. Where violence is used to cause injury or death, it is to be convicted and punished in accordance with articles 234 and 232 of this Law.

3. How to determine the crime of intentional injury?

1.The perpetrator's unlawful and intentional act of harming the physical health of others is the key to constituting this crime. 2.The degree of harm constituting this crime is limited to three circumstances: minor injury, serious injury, or injury resulting in death. Minor injuries below minor injuries and ordinary assault do not constitute this offence. 3.The age of criminal responsibility of the subject of this crime has different requirements depending on the degree of injury, and where serious injury or death is intentionally caused, the age of criminal responsibility is between 14 and 16 years old; If a person causes minor injury, he must be at least 16 years old to constitute this crime. 4.Anyone who commits this crime shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term detention or controlled release; where serious injury is caused, the sentence is between 3 and 10 years imprisonment; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Next, popularize the cost of fighting.

How to calculate the amount of compensation for beating a person 1

How to calculate the amount of compensation for assault.

The method of calculating the amount of compensation for assault is as follows:

1.Medical expenses shall be determined by the diagnosis certificate of the local ** hospital and the receipts of medical expenses, ** fees and hospitalization fees;

2.Food expenses shall be compensated for the number of days of hospitalization in accordance with the standard of food allowance for general staff of state organs on business trips (yuan days);

3.Lost time pay;

4.Nursing fees.

Article 1179 of the Civil Code of the People's Republic of China.

Those who infringe upon others and cause personal injuries shall be compensated for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.

II. Statute of Limitations for Disputes over Compensation for Assault.

The statute of limitations for personal injury compensation is three years. Tort liability is a civil dispute, and the statute of limitations for civil action applies. In the case of a general civil lawsuit, it is three years from the date on which the parties become aware of the infringement of their rights. If the victim asserts rights against the infringer, the statute of limitations runs from the date of the last assertion of rights.

Article 188 of the Civil Code of the People's Republic of China.

Ordinary statute of limitations, maximum period for protection of rights] The statute of limitations for requesting protection of civil rights from the people's court is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

3. Is there compensation for mental damage for beating someone?

If you are beaten, you can claim compensation for mental damages. On the basis of legal provisions, where natural persons or their close relatives file a lawsuit in the people's court requesting compensation for moral damages due to infringement of personal rights and interests or specific objects of personal significance, the people's court shall accept it in accordance with law.

The amount of compensation for moral damages is determined on the basis of the following factors:

1.The degree of fault of the infringer, except as otherwise provided by law;

2.specific circumstances such as the means, occasions, and modes of conduct of the violation;

3.the consequences of the infringement;

4.the infringer's profits;

5.the infringer's financial capacity to bear responsibility;

6.The average standard of living in the seat of the court where the suit is filed.

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