Civil administrative procuratorate
Huangshan Procurator: On site Hearing to Resolve the Old Man's 30-year Heart Knot
Time: December 5, 2022 Author: News source: [Font size: large | in | Small

[Editor's Note "Heart Checking Rhythm" It is the brand of civil administration procuratorial work created by Huangshan People's Procuratorate. "Censorship" means that procuratorial work is the heart of the early Republic of China. "Legality" refers to legal services and culture, which is rooted in people's livelihood, and conveys procuratorial feelings in response to the expectations of the masses.

The country is the people, and the people are the country. The brand of "heart check and law rhyme" contains the procuratorial consciousness and responsibility of Huangshan procuratorial organ, as a legal supervision organ, to deepen precise supervision and actively perform its duties, to handle every "small" case around the masses with heart and feelings, to give full play to the procuratorial function, and to actively solve problems for the masses.

In order to practice the concept of justice for the people and do a good job of procuratorial work for the people, the Huangshan Procuratorate recently held a simple public hearing on a criminal appeal case. The case was undertaken by Wang Hongping, Deputy Procurator General of the Municipal Procuratorate, who invited the people's supervisor, the staff of the town's judicial office to participate in the hearing, and invited lawyers to participate at the request of the parties.

This case is a case of intentional injury caused by a civil dispute. Before the hearing, the prosecutor made many investigations and verifications on the facts of the case and visited the hospital where the party had seen a doctor 30 years ago. However, due to the age and the lack of original medical records and other medical materials, it was impossible to conduct injury identification.

At the hearing, the prosecutor who handled the case introduced the basic situation of the case in detail, and the hearers participated in the discussion of the case, asked questions in a targeted manner, and independently issued hearing opinions. Then he explained the legality and rationality of the original criminal verdict in simple terms from the perspective of "law, reason and emotion", patiently and carefully answered questions for the "old man". Finally, after the prosecutors carefully explained the law and reasoned, the "old man" put down his heart knot and moved towards a new life.

The procuratorial organ, through carrying out simple door-to-door hearings, actively introduces a third party to participate in the interpretation and reasoning of the law, clarifies the legal principle, the reason and the reason, explains the "law knot" and the "heart knot" in a sensible and believable way, eliminates the distance between the masses and the procuratorial organ, realizes zero distance in case handling and service, and makes the masses feel the temperature of justice more truly, Let fairness and justice be real.

Prosecutors' interpretation and reasoning class

What should you do if you are hurt?

In this case, the "old man", as a "victim", was unable to investigate the intentional injury case due to insufficient evidence because he did not report to the police and retain evidence in time. So what should we do in real life?

Whatever the reason, the beater should bear the corresponding legal responsibility. If you are beaten, you should call 110 as soon as possible to call the police. Only when we call the police in the first place can the police station collect evidence better. If your injury is identified as minor injury or above, the other party will be suspected of a criminal offence and will be subject to criminal punishment and bear criminal responsibility. Even if it is a minor injury, the other party will also be subject to administrative detention, fines and other administrative penalties imposed by the public security organ.

At the same time, we can also require the other party to bear corresponding civil tort liability (including reasonable expenses for treatment and rehabilitation such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, inpatient food subsidies, and reduced income due to missed work. If the disability is caused, we should also compensate for auxiliary equipment expenses and disability compensation; if the death is caused, we should also compensate for funeral expenses and death compensation) At the same time, you can also open audio and video recordings in time, fix audio-visual materials, witness testimony, hospital injury identification and other evidence, and solve problems through legal means.

articles of law link

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

If a person infringes upon another person and causes personal damage, he/she shall compensate medical expenses, nursing expenses, transportation expenses, nutrition expenses, inpatient food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the reduced income due to missed work. If it causes disability, it shall also compensate for the cost of auxiliary equipment and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.

Article 43 of the Law of the People's Republic of China on Administrative Penalties for Public Security

Whoever beats another person or intentionally injures another person's body shall be detained for not less than five days but not more than 10 days and shall also be fined not less than 200 yuan but not more than 500 yuan; If the circumstances are relatively minor, he shall be detained for not more than five days or fined not more than 500 yuan.

Under any of the following circumstances, a person shall be detained for not less than 10 days but not more than 15 days and fined not less than 500 yuan but not more than 1000 yuan:

(1) Beating or hurting others in groups;

(2) Beating or harming a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 60;

(3) Beating or harming others for many times, or beating or harming more than one person at a time.

Article 234 of the Criminal Law of the People's Republic of China

Whoever intentionally harms another person 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 injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; Whoever causes death or serious injury to another person by especially cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.