1, on the issue of criminal responsibility.
According to the provisions of the criminal law, the act of damaging others' bodies has caused some damage to others' bodies, which constitutes the crime of intentional injury. According to the situation you described, the injured person of the other party has been identified as a minor injury, so all of you who are involved in beating the other party need to be responsible for this minor injury and take full responsibility as * * * criminals.
The relevant legal basis is as follows: criminal law
Article 234 Whoever intentionally harms another person's body 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 injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
2. On the issue of civil compensation.
No matter how you and your friends bear criminal responsibility, you need to make civil compensation for the victims. The other party will compensate for medical expenses, lost time, nutrition expenses, nursing expenses and property losses. If the injured person is identified as disabled, it is also necessary to compensate for disability compensation.
The charge amount can refer to the following standards.
(1) medical expenses.
Medical expenses are determined according to the hospital diagnosis certificate and regular medical invoices. Including registration fee, examination fee, operation fee, medical fee, hospitalization fee, plastic surgery fee and follow-up treatment fee;
(2) Nutrition fee.
Nutritional expenses are defined according to the diagnosis certificate of nutritional needs and related expense vouchers issued by doctors.
Set the amount. Refers to the cost of auxiliary treatment of physical diseases or recovery of the body as soon as possible.
(3) lost time and nursing expenses.
The lost time fee and nursing fee are determined according to the lost time fee and income of the victim or nurse. If there is a fixed income, the lost time fee shall be calculated according to the actual reduced income. If there is no fixed income, it shall be calculated according to its average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year. When you claim that you have lost time, it is enough to show proof of income.
(4) Transportation and accommodation expenses.
The transportation expenses are calculated according to the actual transportation expenses incurred by you and the necessary accompanying personnel for medical treatment, accompanying or transferring to hospital for treatment; Accommodation is paid according to the actual accommodation expenses of you and your entourage; Hospitalization food subsidies should be calculated according to actual expenses or local actual living standards;
(5) Disability compensation.
Disability compensation is calculated according to the disability level determined by judicial appraisal, the living expenses or income standard of the victim's domicile or actual residence. Calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year published locally, it is calculated as 20 years from the date of determination. However, for people over 60 weeks, each year of age will decrease by one year; Seventy-five years of age or older, calculated by five years;
(6) Disability AIDS.
The cost of assistive devices for the disabled shall be calculated according to the reasonable cost standard of common applicable devices.
(7) Property loss.
Property losses are limited to the actual property losses you have suffered, including the maintenance and depreciation expenses of the goods and the actual value of the damaged goods. Invoice, contract, receipt, etc. Proof of the purchased goods should be provided to prove the value of the damaged goods. If the value cannot be determined, it may apply for appraisal and be determined according to the appraisal conclusion.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 3 The public security organs shall be responsible for the investigation, detention, execution of arrest and preliminary examination of criminal cases. prosecute
The people's procuratorate shall be responsible for approving the arrest, investigating the cases directly accepted by the procuratorial organs and initiating public prosecution. examination
When a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction.
Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department.
Article 86 A people's court, a people's procuratorate or a public security organ shall, within their jurisdiction, promptly examine the materials of reporting, accusing, reporting and surrendering themselves, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.
The following cases can be directly brought to court.
1) Cases handled after being told:
1. Insult and libel cases (except those that seriously endanger social order and national interests as stipulated in Article 246th of the Criminal Law);
2. Violent interference with freedom of marriage (as stipulated in the first paragraph of Article 257th of the Criminal Law);
3. Crime of maltreatment (stipulated in the first paragraph of Article 260th of the Criminal Law);
4. Crime of embezzlement (stipulated in Article 270th of the Criminal Law).
(two) the people's procuratorate did not initiate a public prosecution, and the victim has evidence to prove a minor criminal case:
1, intentional injury case (stipulated in the first paragraph of Article 234 of the Criminal Law);
2. Cases of illegal invasion of houses (stipulated in Article 245th of the Criminal Law);
3. Cases of infringement of freedom of communication (stipulated in Article 252 of the Criminal Law);
4. Bigamy case (stipulated in Article 258 of the Criminal Law);
5. The crime of abandonment (stipulated in Article 26 1 of the Criminal Law);
6. The case of producing and selling fake and inferior commodities (unless it seriously endangers social order and national interests as stipulated in the first section of Chapter III of the Specific Provisions of the Criminal Law);
7 cases of infringement of intellectual property rights (except those that seriously endanger social order and national interests, as stipulated in Section 7 of Chapter III of the Specific Provisions of the Criminal Law);
8. Cases in which the defendant may be sentenced to fixed-term imprisonment of not more than three years as stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law.
Therefore, in principle, criminal cases can generally be filed. Civil cases are not filed. And if you go to court, you generally don't need to find a lawyer to write a complaint. Can achieve the purpose of prosecution. It will be more professional if you hire a lawyer. It also has an advantage when it comes to litigation.