The hotel security guard was beaten by thugs and slightly injured. The other side started first, and the other side was slightly injured. Now the security department is guilty of intentional injury, c

The hotel security guard was beaten by thugs and slightly injured. The other side started first, and the other side was slightly injured. Now the security department is guilty of intentional injury, criminal detention, and appropriate sentencing? Hello.

For the injuries caused by fighting, whether it is necessary to bear criminal responsibility is confirmed according to the injury assessment. According to the provisions of the criminal law, those who constitute minor injuries or more may be suspected of intentional injury. For those suspected of committing a crime, the public security organ has the right to detain the suspect first, and then decide whether to prosecute according to the decision of the procuratorial organ. The prosecutor will be arrested according to law.

There is no sentencing problem in the investigation stage of public security organs. Because he is suspected of committing a crime, it is legal for the public security organs to detain him in criminal detention. According to the situation you described, the security guard should be released on bail pending trial. You can consider applying for bail pending trial for him.

I hope it helps you.

Reference:

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.

Criminal procedure law

Article 65 The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:

(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;

(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;

(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;

(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.

Bail pending trial shall be executed by the public security organ.

Article 66 When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit.

Article 67 A guarantor must meet the following conditions:

(1) is irrelevant to this case;

(2) Having the ability to perform the guarantee obligations;

(three) enjoy political rights and personal freedom is not restricted;

(4) Having a fixed residence and income.