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What are the routines of police station mediation?
Zhang and Wang are neighbors, and all kinds of neighborhood disputes and grievances occur from time to time. On one occasion, there was a conflict between them, and both of them reported to the police. After injury identification, Zhang was slightly injured and Wang was slightly injured.
The police station found both sides to mediate. The mediation book records that "Zhang and Wang fought at the gate of XXX on XX, XX, XX due to neighborhood disputes, and there was a dispute. After mediation, both parties voluntarily reached the following agreement ..... "
Zhang has always denied the content of the mediation agreement. Although there was physical contact, there was no fight and the victim himself was not beaten.
However, the police station informed that the matter was relatively minor, and it was ready for public security and could be settled through mediation.
In order to settle the case, Zhang signed this mediation agreement. Thought it was over. However, a year later, he received a notice of transfer for review and prosecution, and the matter was far from over. The public security organ will transfer his case to the procuratorate for examination and prosecution, and may initiate public prosecution in the future.
Second, the mediation agreement states that they will not be responsible for each other, so there will be no responsibility?
Both the mediation agreement and the mediation record state that "the two parties shall not pursue each other's legal responsibility for the dispute, and shall not continue the dispute afterwards, otherwise the party that caused the dispute shall be investigated for responsibility."
It seems that after mediation, neither side will pursue the legal responsibility of the other, so everyone is safe and everything is as usual. However, this is not the case.
The two sides do not pursue civil liability, but criminal liability still exists. The public security organ can also investigate Zhang's criminal responsibility for intentional injury according to the result of minor injuries.
Therefore, the mediation agreement states that the two sides will not pursue each other's responsibilities, only that they will not pursue each other's civil responsibilities. If the other party has caused minor injuries, the mediation agreement cannot exempt Zhang from criminal responsibility.
Third, the mediation reached an agreement, only giving up their right to pursue the other party's responsibility.
In the dispute between Zhang and Wang, Zhang was slightly injured. After Zhang compensated tens of thousands of yuan, the two sides signed a mediation agreement and did not pursue each other's responsibilities, which means that Zhang gave up the right to pursue each other's responsibilities.
After the police station reached a mediation agreement, it issued a "Description of the Situation" saying, "In the case of Zhang's beating and causing minor injuries, our hospital mediated both parties. Now the two parties have voluntarily reached a mediation agreement and will not be dealt with administratively. "
The implication is that in the public security mediation, Zhang lost money and signed a mediation agreement, which ushered in his own case of being beaten, and the police station no longer punished the other party! ! This means that Zhang himself was slightly injured, lost money, gave up his rights and waited for criminal responsibility.
Four. Summary: Don't trust mediation when you encounter minor injuries! ! !
In the case of minor injuries, it has reached the standard of criminal prosecution. Zhang should fully realize that neither the Public Security Mediation Book nor the Mediation Agreement can exempt him from criminal responsibility, but only his right to pursue the other party's responsibility. Therefore, in the case of minor injuries, don't trust mediation, and always be prepared to deal with criminal charges of intentional injury.
In this case, the contents of conciliation statement, conciliation agreement and conciliation record should be carefully considered, because such conciliation and conciliation cannot exempt a person from criminal responsibility, and the wording should echo the defense opinions and strategies in the future! !
If you naively think that everyone can live in peace after mediation and reconciliation, so you sign the mediation and reconciliation content that is very unfavorable to you, it is doomed to be killed! ! ! !
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