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How to identify intentional injury in public security management

Time: 2024.03.02 label: criminal defense Criminal defense Reading: 1276 people

Lawyer's analysis:

cognizance Crime of intentional injury Generally, from the perspective of injury results, it must be the injury results that cause minor injuries or above;
The second is to see whether the injury result is caused by the actor, and whether the injury result has a causal relationship with the actor's behavior;
Moreover, it depends on whether the act performed by the actor is illegal, such as whether it belongs to Just Cause , emergency avoidance, etc.
According to China Law of the People's Republic of China on Administrative Penalties for Public Security Provisions of, Intentional injury If another person's body does not constitute a crime, the offender shall be punished by public security administration Administrative detention And fines.

Legal basis:

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.

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If the perpetrator brings a civil action with fabricated facts, resulting in another person's loss of 2 million yuan, it constitutes the crime of helping to destroy or forge evidence, which belongs to a serious situation. Specifically, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. False litigation means that the parties

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Lawyer Li Ning

Beijing Yingke Law Firm

Lawyer Li Ning, who focuses on criminal defense, is good at "economic crime", "corporate crime", "cross between criminal and civil", "cross between criminal and administrative" business, is familiar with enterprise and company business, and also has a relatively in-depth study of enterprise criminal legal risk prevention and control. He has been invited to serve as legal counsel for many enterprises for a long time, It summarizes various legal risks that are easy to occur in the process of enterprise management and operation, and assists enterprises in comprehensively preventing criminal legal risks in management and operation. He has handled hundreds of criminal cases, and many of the litigation cases he undertook have obtained good defense results such as "no arrest", "no prosecution", and "acquittal in second instance". With rich practical experience, the cases represented have achieved good results and won the affirmation of customers. Lawyer Li Ning's pre case investigation was thorough and meticulous, the case analysis was accurate and clear, and the court debate was rigorous and incisive, which fully ensured the high success rate of entrusted cases. In the face of strong pressure, lawyer Li Ning's argumentative style and the attitude of combining principle, flexibility and creativity have been unanimously recognized by the parties. [Successful cases (partial)] Successfully defended a 15.7 billion fraud case against a deputy general manager of an investment group in Guangzhou, Guangdong; Xu, from Luzhou, Sichuan Province, found a quarrel and caused trouble in the second instance and changed the verdict to not guilty; Sun successfully obtained a guarantor pending trial at the stage of illegal business investigation; Special legal adviser of a certain medical device company in Changsha; Xu, the general manager of a real estate company in Shandong, sent back the second instance of the non absorption case; Sun was involved in a fraud of more than 4 million yuan, and after he was successfully guaranteed, the procuratorate made a decision not to prosecute because of insufficient evidence; For the crime of illegally absorbing public deposits, Zhao successfully obtained a guarantee at the stage of review and prosecution, and finally was sentenced to probation; Zhao Moumou, the director of the central enterprise, committed the crime of accepting bribes as a non state functionary. After acting as the agent, he successfully changed the first defendant into the third defendant, reducing the sentence ... ...

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