Joke Collection Website - Blessing messages - Because someone else scolded me! Four people beat this man to minor injuries! They don’t know each other yet! Mediation, mediation! Just lose money and that's it!
Because someone else scolded me! Four people beat this man to minor injuries! They don’t know each other yet! Mediation, mediation! Just lose money and that's it!
In my opinion, the provisions of Article 43 of the "Public Security Administration Punishment Law" can be applied to cases of minor injuries caused by swearing and beating; if the provisions of Article 9 of the "Public Security Administration Punishment Law" apply, mediation Handling is appropriate. After mediation and compensation, the case has been settled.
As for picking quarrels and provoking trouble, I think: First, the case has been settled through mediation. Without new evidence, there is no basis for re-investigation and handling; second, in the case of swearing and beating causing minor injuries, the applicable The provisions of the "Public Security Administration Punishment Law" are appropriate; third, the situation of swearing and hitting others causing minor injuries may not meet the crime of picking quarrels and provoking troubles stipulated in Article 293 of the "Criminal Law"; fourth, assuming that swearing and hitting others are Beating someone and causing minor injuries constitutes the crime of picking quarrels and provoking trouble. Because the penalty for the crime of picking quarrels and provoking troubles is fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and now the five-year statute of limitations for prosecution has exceeded, according to Article 87 of the Criminal Law According to the regulations, prosecution can no longer be pursued.
Relevant legal provisions:
Article 9 of the "Public Security Management Punishment Law" for minor violations of public security management such as fighting or damaging other people's property caused by civil disputes, The public security organs can mediate and handle the matter. If the parties reach an agreement through mediation by the public security organ, they will not be punished. If no agreement is reached after mediation or if the agreement is not fulfilled, the public security organs shall impose penalties on the perpetrators of violations of public security management in accordance with the provisions of this Law, and inform the parties that they may file a civil lawsuit with the People's Court for civil disputes in accordance with the law.
Article 43 of the "Public Security Administration Punishment Law" Whoever beats others, or intentionally injures others' bodies, shall be detained for not less than five days but not more than ten days, and shall also be fined not less than 200 yuan but not more than 500 yuan; If the circumstances are relatively minor, the offender shall be detained for not more than five days or fined not more than 500 yuan.
Whoever commits any of the following circumstances shall be detained for not less than 10 days but not more than 15 days, and shall be fined not less than 500 yuan but not more than 1,000 yuan:
(1) Beating or injuring in groups Others;
(2) Beating or injuring the disabled, pregnant women, people under the age of fourteen, or people over the age of sixty;
(3) Beating, Injuring others or beating or injuring multiple people at one time.
Article 293 of the "Criminal Law" The crime of picking quarrels and provoking troubles includes any of the following acts of picking quarrels and provoking troubles, disrupting social order, and shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or surveillance:
(1) Beating others at will, the circumstances are serious;
(2) Chasing, intercepting, insulting, and intimidating others, the circumstances being serious;
(3) Taking things by force or force Arbitrarily damaging or occupying public or private property, if the circumstances are serious;
(4) Making trouble in public places, causing serious disorder in public places.
Whoever gathers others to commit the acts mentioned in the preceding paragraph multiple times and seriously disrupts social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and may also be fined.
Article 87 of the "Criminal Law" will no longer prosecute a crime within the statute of limitations after the following period:
(1) If the statutory maximum penalty is fixed-term imprisonment of less than five years, after five years ;
(2) If the statutory maximum penalty is fixed-term imprisonment of not less than five years but less than ten years, after ten years;
(3) If the statutory maximum penalty is fixed-term imprisonment of not less than ten years, After fifteen years;
(4) If the statutory maximum penalty is life imprisonment or death, twenty years have passed. If it is deemed necessary to pursue prosecution after twenty years, it must be submitted to the Supreme People's Procuratorate for approval.
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