Legal analysis
Because the appraisal work needs, the forensic expert can carry out the necessary examination of the victim, need to be examined by a medical institution, should be entrusted to qualified medical institutions, the examination of the project and the equipment needed, according to the appraisal of the work needs to determine. After the occurrence of injury cases the victim should promptly report to the police, and after discharge from the hospital, request the police station to issue a letter of injury appraisal for injury appraisal. The injured person by the judicial appraisal, if it is slightly injured batterer will face a maximum of fifteen days administrative detention. Causing minor injuries to be criminally responsible, surrender can be discretionary to reduce the penalty. The other party into a fracture, after forensic identification, if belongs to the minor injuries suspected of injury, to be sentenced. Does not constitute a crime, according to the law to be punished by law and order, to be detained. But if the other party to understand or give up prosecution, may not be sentenced. If the second degree of light injury, according to the relevant laws will be the batterer to pursue the criminal responsibility of intentional injury. If the batterer is a recidivist, the public security organs in accordance with the relevant laws, should be severely punished. Either way, you need to compensate for medical expenses. For personal injury disability grade confirmation, the main compensation scope includes medical expenses, hospitalization fees, nursing costs, nutritional costs, lost wages, one-time disability benefit, mental damage compensation.
Legal basis
The General Principles of Judicial Appraisal Procedures
Article 26 The appraisal process, the need for forensic clinical examination of the body of the appraised person shall take the necessary measures to protect their privacy.
Article 23 A forensic expert conducting an appraisal shall comply with and adopt the technical standards, technical specifications and technical methods in the professional field in the following order: (1) national standards; (2) industry standards and technical specifications; and (3) technical methods recognized by the majority of experts in the professional field.
Article 1,179 of the Chinese People's *** and National Codes If the infringement of another person causes personal injury, compensation shall be paid for the reasonable costs of treatment and rehabilitation such as medical expenses, nursing care expenses, transportation expenses, nutritional expenses, hospital meal allowance, and the reduction of income due to lost work. Where disability is caused, compensation shall also be made for the cost of auxiliary aids and disability compensation; where death is caused, compensation shall also be made for funeral expenses and death compensation.
Article 43 of the Law of the People's Republic of China on Punishments for the Administration of Public Security: Whoever assaults another person or intentionally inflicts bodily harm on another person shall be sentenced to detention of not less than five nor more than ten days and to a fine of not less than two hundred nor more than five hundred yuan; if the circumstances are less serious, he shall be sentenced to detention of not more than five days or to a fine of not more than five hundred yuan. In any of the following cases, he shall be sentenced to not less than ten days but not more than fifteen days of detention and fined not less than five hundred yuan but not more than one thousand yuan: (1) ganging up to beat or injure another person; (2) beating or injuring a person with disabilities, a pregnant woman, a person under the age of fourteen years old, or a person who is over the age of sixty years old; (3) beating or injuring another person several times or beating or injuring more than one person at a time.
Article 234 of the Criminal Law of the People's Republic of China shall be punishable by fixed-term imprisonment of not more than three years, criminal detention or control for intentionally inflicting bodily harm on another person. Whoever commits the crime in the preceding paragraph and causes serious injury to a person shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; whoever causes death or causes serious injury to a person by particularly cruel means resulting in serious disability shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or the death penalty. Where this Law provides otherwise, it shall do so in accordance with the provisions. Anyone who organizes others to sell human organs, as defined in one of the provisions of Article 234, shall be sentenced to fixed-term imprisonment of not more than five years and fined; if the circumstances are serious, he or she shall be sentenced to fixed-term imprisonment of not less than five years and fined or his or her property shall be confiscated. Anyone who removes a person's organs without his or her consent, or removes the organs of a person under the age of eighteen, or forces or deceives another person to donate his or her organs, shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law. Anyone who removes a person's cadaveric organs against his or her will during his or her lifetime, or who removes a person's cadaveric organs against the will of his or her close relatives in violation of state regulations without his or her consent during his or her lifetime, shall be convicted and punished in accordance with the provisions of Article 302 of this Law.