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What will the court decide if he is beaten to level 10, disabled, slightly injured

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What will the court decide if he is beaten to level 10, disabled, slightly injured


        

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  • 2024-06-14 10:00:58

    What will the court decide if you are beaten to level 10, disabled or slightly injured? Minor injuries do not violate the criminal law. Minor injuries only involve civil damages, which are regulated by the Civil Law and the Civil Procedure Law. After a minor injury occurs, the party concerned may request the public security organ to impose a public security administrative penalty on the wrongdoer at the same time. Minor injury is a kind of civil tort. If the parties fail to negotiate and mediate, the victim can directly file a personal injury compensation lawsuit to the court. The scope of compensation includes: medical expenses, nursing expenses, lost time expenses, hospital board allowance, transportation expenses, living allowance for the disabled and mental loss expenses. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, Article 17: When the victim suffers personal injury, various expenses incurred for medical treatment and reduced income due to missed work, including medical expenses, missed work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital board subsidies, and necessary nutrition expenses, The obligor shall make compensation. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred due to the increased living needs and the income loss caused by the loss of working ability, including disability compensation, disability auxiliary equipment fees, the living expenses of the dependants, as well as the necessary rehabilitation fees, nursing fees and follow-up treatment fees actually incurred due to rehabilitation care and continuous treatment. If the victim dies, the compensation obligor shall, in addition to the relevant expenses specified in the first paragraph of this article according to the rescue and treatment, compensate for the funeral expenses, the living expenses of the dependants, the death compensation expenses, and other reasonable expenses such as the transportation expenses, accommodation expenses and loss of work delay incurred by the relatives of the victim in handling the funeral matters. Article 18 If the victim or the near relatives of the deceased suffer from mental damage, and the person who has the right to compensation requests the people's court for compensation for mental damage consolation, the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Mental Damage in Civil Torts shall be applied for determination. The Law of the People's Republic of China on Administrative Penalties for Public Security stipulates that: Article 43 [Penalties for Acts of Beating or Intentionally Injuring Another Person's Body] Anyone who beats another person or intentionally harms 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 shall also be fined not less than 500 yuan but not more than 1000 yuan: (1) gang up to beat or hurt another person; (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.

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