When two employees got into a fight in a hotel, the one who struck first got the upper hand and called the police, demanding 1,000 yuan in compensation. They pretended to be beaten up but didn’t have

When two employees got into a fight in a hotel, the one who struck first got the upper hand and called the police, demanding 1,000 yuan in compensation. They pretended to be beaten up but didn’t have any scratches on their bodies.

First of all, the victim should call the police in time, and then conduct a forensic appraisal to determine the legal liability of the attacker based on the appraisal results.

1. If the injury is determined to be minor, the public security organs will impose security penalties on the attacker and bear the victim's medical expenses, lost work expenses and other expenses.

Article 43 of the "Public Security Management Punishment Law": "Whoever beats others or intentionally injures others' bodies shall be detained for not less than five days but not more than ten days, and shall also be fined not less than 200 yuan but not more than 500 yuan." A fine; if the circumstances are relatively minor, he shall be detained for not more than five days or fined not more than 500 yuan.

In any of the following circumstances, he 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. Fines of less than 1,000 yuan:

(1) Beating or injuring others in groups;

(2) Beating or injuring disabled people, pregnant women, people under the age of fourteen or those over the age of sixty The above persons;

(3) Beating and injuring others multiple times or beating and injuring multiple people at one time. ”

2. If the assessment results are minor injuries, the public security organs shall. Open a case for investigation and hold the perpetrator criminally responsible. If the public security organ refuses to file a case, it can file a criminal private prosecution with the People's Court and request that the perpetrator be held criminally responsible. Regardless of whether it is a public prosecution or a private prosecution, you can also file an incidental civil lawsuit to require the other party to compensate for medical expenses and other expenses.

Article 234 of the "Criminal Law" who commits the crime of intentional injury and intentionally harms the body of others shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime in the preceding paragraph and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; whoever causes death or serious injury and severe disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than ten years but not more than ten years, life imprisonment or death. If this law provides otherwise, the provisions shall prevail.

3. The scope of civil compensation, according to the provisions of Article 17 of the Supreme People’s Court’s Interpretation on Several Issues concerning the Application of Law in the Trial of Personal Injury Compensation Cases, includes medical expenses, lost work expenses, nursing expenses, transportation expenses, Accommodation fee, hospitalization food subsidy, necessary nutrition fee, etc.