Joke Collection Website - Public benefit messages - Self-defense hit the other side slightly, and he sued us for high medical expenses. We're under arrest. How can we get out?
Self-defense hit the other side slightly, and he sued us for high medical expenses. We're under arrest. How can we get out?
Seeing the ideas put forward by many people above, I found that they all came back as lawyers, but lawyers are not police officers handling cases. They don't understand how to characterize the case at the initial stage. The law is inhuman, and self-defense is conditional.
1. First of all, let me talk about self-defense. In view of what you said, don't plagiarize, I only typed the last sentence to defend myself: "The illegal infringer didn't stop the illegal infringement beyond the unnecessary limit." How to identify this sentence as "no damage beyond unnecessary limits"? To put it bluntly, you just can't let the other person hurt more than you. In the previous case, although I sympathized with the parties, I had no choice but to be indifferent to the law.
In China's injury cases, the seriously injured will be defined as the victim, and the cause of the incident is rarely considered. These reasons can only be put forward in court as the basis for sentencing. In the reconnaissance stage of public security organs, only detailed records are made, and no compulsory measures will be taken against suspects for these reasons.
Let me talk about bail pending trial. Lawyers have the right to put forward bail pending trial in some cases, but whether or not to approve it is not the lawyer's decision, and it needs to be approved by the deputy director of the county-level public security organ in charge of criminal investigation. In other words, if you leave the relationship with the deputy director of criminal investigation, you can get bail pending trial without applying. I often receive requests for bail pending trial at work, but they have all been shelved, because if the deputy director thinks that bail pending trial is conditional, it can't be solved with a piece of paper.
Give me a case I once worked on, which is similar to yours. The seafood stall owner at a street corner was seriously injured by 16 youths with bricks, machetes and sticks at the stall because of a dispute with others. In the process of self-defense, 1 youth were stabbed seriously and 2 young people were slightly injured. The stall owner A was detained first and then released on bail pending trial, and then arrested, prosecuted, withdrawn from the public security organ for further investigation and released on bail pending trial. It is conservatively estimated that the cost of dredging the relationship is about 40 thousand yuan, and it is finally recognized as self-defense, thus avoiding criminal responsibility, and all the young people who committed the injury were sentenced.
4. What I personally think of you: First, it is difficult to get a guarantor. This case involves a large number of people, has a great social impact and is of a bad nature. Therefore, the leaders of public security organs dare not make up their minds to get a guarantor easily, and everything pays attention to giving full play to their talents. Your brother's circumstances are relatively minor, and it is not wrong to make a decision of "no social danger" on bail pending trial. If not in the public security organs, there is another key unit: the procuratorate. When the case needs to arrest your brother, the procuratorate will decide whether to approve it or not. It is also wise to move the procuratorate. The procuratorate may also decide to get bail pending trial. On the contrary, the procuratorate can also make an arrest decision while your brother is on bail pending trial. Therefore, the procuratorate is also a key link. Second, after the case enters the court stage, as long as your brother has a positive attitude of pleading guilty, generally speaking, he will not be sentenced to actual punishment. At this time, the confession made by the public security organs and the investigation results of the public security organs have a decisive impact on the time limit for your brother to be sentenced. If the investigation result of the public security organ is as you said, then your brother will not be sentenced to actual punishment. It is also necessary to hire a lawyer. In the eyes of us pedestrians, the role of lawyers is equivalent to lubricant and plays a running-in role.
To sum up: it is possible and difficult to get a guarantor. First, the deputy director in charge of criminal investigation activities, but without any influence. The activities of the arrest department of the procuratorate (we call this arrest department, I don't know your name). The term of bail pending trial is one year, which can do a lot of things and calm many people's hearts. Many cases often have unexpected turning points in this year, or the same sentence: everything depends on human effort.
Finally, I hope you can handle this matter satisfactorily. It is your duty to help me. Just send a message. It's impossible to clear your relationship, but I'm happy to give you advice. I also want to know the follow-up results of this case.
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