What are the conditions for filing a domestic violence case?
The following conditions must be met to file a domestic violence case: 1. There is a crime, that is, there is physical and mental aggression between family members by beating, binding, mutilations, restriction of personal freedom, frequent abuse, intimidation, etc.; The party concerned has actual damage facts, which includes physical and mental damage, such as physical pain, mental pain, etc., but if it is mental abuse and intimidation, it must meet the prerequisite of "frequent". 2. After the public security organ accepts the case, after investigation, it believes that there are criminal facts that need to be investigated for criminal responsibility, and it is under its jurisdiction. 3. Judging from the nature of domestic violence, domestic violence was a personal complaint. If you didn't report it, it would be ignored. The person involved had to report it personally. In addition, there were also three conditions for domestic violence cases to be filed: one was daily fear (domestic violence was not a one-or-two conflict, but a long-term accumulated fear); the second was conclusive evidence (many people did not dare to report or file a case, mainly because of the lack of evidence); the third was the channel for help (in the face of domestic violence, do not fight alone). The novel,"Deaths from domestic violence, I went crazy from the bullet comments", is equally exciting. Everyone is welcome to click and read it!
Are the three conditions for filing a domestic violence case a crime?
In our country, there is no separate crime called "domestic violence". The act of domestic violence may involve a variety of crimes, and different crimes have different filing standards and conditions to constitute a crime: 1. ** Intentional injury ** - Case filing and criminal conditions: Intentionally hurting another person's body generally constituted a crime. If domestic violence causes physical injury to others, such as violence such as beating, causing more than minor injuries (minor injuries, serious injuries, or death, etc.), it will constitute the crime of intentional injury. He shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; if he causes serious injury to another person, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; if he causes death or causes serious injury to another person by especially cruel means, causing serious disability, he shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death. 2. ** Crime of abuse ** - Case filing and criminal conditions: Maltreatment of family members, if the circumstances are abominable, it will constitute the crime of abuse. The bad circumstances here generally referred to situations where the abuse lasted for a long time, the methods were cruel, and the physical and mental harm to family members was serious. For example, one or two beatings, occasional lack of food, confinement, and other minor acts should not be punished as abuse. Those who commit the crime of abuse shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance; those who cause serious injury or death to the victim shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years. This crime was a crime that could only be dealt with after the victim had complained, but the victim was unable to tell, or was unable to tell because of coercion or intimidation. 3. ** Sin of abandonment ** - Case filing and criminal conditions: For old, young, sick or other people who do not have the ability to live independently, if they have the obligation to support and refuse to support, if the circumstances are abominable, it will constitute the crime of abandonment. If the circumstances were bad, it was usually manifested as a situation where the survival of the abandoned person was facing a serious threat. Those who commit the crime of abandonment shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance. If the domestic violence meets the conditions for filing the above-mentioned crimes and constitute a crime, it shall constitute a corresponding crime and shall be investigated for criminal responsibility according to law; for domestic violence that is not enough for criminal punishment, the public security organ shall impose public security management punishment according to the Public Security Administration Punishment Law. The novel,"Deaths from domestic violence, I went crazy from the bullet comments", is equally exciting. Everyone is welcome to click and read it!
The standard for filing a domestic violence case
After the public security organs, the people's courts, and the people's courts received reports, complaints, or reports of domestic violence, they would immediately ask about the preliminary situation of the case and make a record. They would quickly review the case and decide whether to file a case according to the provisions of the criminal procedure law and their jurisdiction. If the perpetrator's beating caused the victim more than minor injuries, the perpetrator's behavior was suspected of intentional injury or even intentional homicide or negligent death. If it was suspected of a criminal offence after the police report, the public security department would file a criminal investigation. If domestic violence did not constitute a crime, but it was a violation of public security management, the case should be transferred to the public security organ and dealt with in accordance with the provisions of the Public Security Management Punishment Law. At the same time, the victim should be informed that she could apply to the People's mediation committee or file a civil lawsuit to the people's court, asking the perpetrator to bear civil responsibilities such as stopping the violation, making an apology, and compensating for losses. As long as the party concerned had actual facts of damage, they could report the case to the public security organ in person. The novel," Deaths from domestic violence, I went crazy from the bullet comments ", is equally exciting. Everyone is welcome to click and read it!
Criminal case filing conditions
The main conditions for filing a criminal case were as follows: 1. According to the law, cases should be under the jurisdiction of their own organs: different judicial organs have their own jurisdiction. For example, the public security organs can only govern cases that are under their jurisdiction according to the law. They must manage cases that should be under their jurisdiction, otherwise it will be considered dereliction of duty; they cannot manage cases that should not be under their jurisdiction, otherwise it will be considered overstepping their authority. 2. After reviewing the source materials of the case (accusation, report, surrender, etc.), there was indeed a criminal fact: in the case that had been accepted, the criminal suspect's behavior had violated the criminal law and constituted a crime. This kind of crime was an objective fact and not subjective speculation. Moreover, there was evidence to prove that it was not groundless. 3. Criminal responsibility should be investigated according to the circumstances of the crime: the criminal suspect's criminal behavior should be punished according to law. If his behavior only constituted a crime but should not be investigated for criminal responsibility according to law, the case should not be filed. It should be noted that the standards for filing different cases were different. When discussing the conditions for the public security organs to file a criminal case, the above contents were the main content. However, if it was a specific crime, the conditions for filing a criminal case should be analyzed in detail. In addition, the standard for filing a criminal case referred to the standards that the judicial organs (including the public security organs, the people's prosecutor, and the people's court) relied on to decide whether to investigate, sue, or try a criminal case after reviewing the materials of the report, accusation, report, and surrender, as well as the materials of the private prosecutor's lawsuit according to their respective jurisdiction. Some crimes lacked clear standards for filing cases, and the existing regulations were not scientific enough, which might lead to situations such as inaccurate filing. Watching "All Suspects" wasn't enough. Everyone, please click to read the novel!
What is the impact of domestic violence filing?
The domestic violence record generally had no effect, but it could be used as evidence that the person involved had committed domestic violence. In the absence of a court verdict, filing was only a record and investigation method used by the public security organs to investigate the case and exercise their management authority. It was not a criminal record and would not have a criminal record in a narrow sense. A broad criminal record included illegal and criminal records. As for bad records of administrative punishment, it usually wouldn't affect the life of the person involved. The novel," Deaths from domestic violence, I went crazy from the bullet comments ", is equally exciting. Everyone is welcome to click and read it!
Chengdu domestic violence divorce case
In this domestic violence divorce case in Chengdu, the woman Xie Mou was abused 16 times by her husband He Mou during her marriage from July 2017 to June 2023. The domestic violence caused Xie Mou's ribs to fracture, his Duodenum to be contaminated, and his internal organs to be damaged to varying degrees. His disability level was identified as one level seven disability, two level nine disability, and one level ten disability. There were also four serious injuries, five minor injuries, and one minor injury. On April 29,2023, He was detained by the public security organs on suspicion of intentional injury. On January 5,2024, the case was sued by the Chengdu Wuhou District People's Republic of China to the Wuhou District Court. On May 30 - 31,2024, the case was heard and the divorce was granted. The daughter was raised by Ms. Xie. However, the claims for the division of the husband and wife's common property and compensation for damages were still pending due to the complexity of the case. On November 22nd, the case, which was originally scheduled to be held on November 27th, was postponed. The reason for the delay might be related to the change in the injury and may need to be re-evaluated. On November 28, the divorce dispute and private loan dispute between Xiao Xie and He XX would usher in the second trial session of the first trial. Xiao Xie's appeal focused on the division of common property and divorce damage compensation, including asking He XX to compensate for material and mental damage caused by domestic violence, the division of property under He XX's name and because He XX transferred and concealed property, he was sentenced not to share the husband and wife's common property, etc. In addition, although the court ruled that He would pay his daughter's living expenses up to the age of 18 at a lump sum of 2000 yuan per month, it had not been paid so far. The novel,"Deaths from domestic violence, I went crazy from the bullet comments", is equally exciting. Everyone is welcome to click and read it!
Case of domestic violence in rural areas
The following are some cases of domestic violence in rural areas: - In Dingzhou City, Hebei Province, since 2020, the prosecutor's office had handled six cases of domestic violence against rural women, involving intentional homicide, intentional injury, and illegal detention. Among them, the perpetrator stabbed his wife's abdomen with a knife because she did not cook for him after drinking. - In Longchuan County, Guangdong Province, the Women's Federation received 375 letters and calls, of which 40 cases involved domestic violence, accounting for 10.7%. For example, the party involved, Lin Lijuan, had lived with her ex-husband for about 17 years. She had suffered from her ex-husband's financial control and domestic violence for a long time. Her ex-husband had even threatened Lin Lijuan to borrow money by igniting a gas bottle to "perish together". - In Cuiping District, Yibin City, Sichuan Province, there was a domestic violence case. When the prosecutor contacted the family of the woman who suffered domestic violence to provide information, the victim's father said,"I know. She's married. She went there herself." He didn't care about his daughter's domestic violence, and he didn't show up during the trial. - There was an intentional homicide case in Yujiang District, Yingtan City, Jiangxi Province. The defendant, Zhu Shengmin, had been abusing his wife, Zhou Xiaomei, for a long time. On the day of the crime, Zhu Shengmin brutally killed his brother-in-law and brother-in-law who came to mediate the fight. Zhou Xiaomei's family, father-in-law, neighbors, and villagers had heard her cry when she was beaten and saw her bruised face after being beaten, but Zhou Xiaomei never called the police. Others did not give her any substantial help or even advised her to live a good life. The novel,"Deaths from domestic violence, I went crazy from the bullet comments", is equally exciting. Everyone is welcome to click and read it!
How to file a case for domestic violence?
The first condition for filing a case was that there should be evidence of the crime, otherwise, the case could not be filed. The situation of domestic violence cases was as follows: 1. ** Report and police **: The victim or others may report the case to the public security organ. After receiving the report of domestic violence, the public security organ shall promptly dispatch the police to stop the domestic violence, investigate and collect evidence according to relevant regulations, and assist the victim in seeking medical treatment and identifying the injury. 2. ** Evidence Collection **: Evidence includes, but is not limited to, physical evidence, witness testimony, mobile phone recording, or voice recording. For the victims, they had to try their best to collect evidence while ensuring their own safety. 3. ** Determination of the facts that constitute a crime **: If the domestic violence is minor and only constitute a violation of the public security management regulations, the public security organ will give the corresponding public security management punishment according to law; if the circumstances are serious enough to violate the criminal law, the perpetrator will bear the corresponding legal responsibility. For example, causing minor injuries or more to the victim may involve intentional injury. 4. ** Lawsuit procedure (for situations where you wish to protect your rights through legal action)**: - The victim of the couple filed a complaint with the court. - Submit evidence of domestic violence to the court. - The victim could ask the court for compensation. The novel,"Deaths from domestic violence, I went crazy from the bullet comments", is equally exciting. Everyone is welcome to click and read it!
The Chengdu domestic violence case was decided on the 27th
According to the current information, the case, which was originally scheduled to be held on November 27th, was postponed. The court time would be announced later, so the court hearing was not held on November 27th. The novel," Deaths from domestic violence, I went crazy from the bullet comments ", is equally exciting. Everyone is welcome to click and read it!
Chengdu domestic violence divorce case verdict
On May 31,2024, the People's Court of Wuhou District of Chengdu City made a judgment on the domestic violence divorce case: Ms. Xie (Xiao Xie) and He Mou (He Moumou, He Mouyang) were allowed to divorce. Their daughter was directly raised by Ms. Xie. He Mou paid her daughter's living expenses up to the age of 18 at a lump sum of 2000 yuan per month. The medical expenses and education expenses were 40% for the woman and 60% for the man. However, due to the complexity of the case, the court would make another judgment after finding out the facts. In addition, although the judgment had been issued, Ms. Xie said that He had not paid the child's living expenses so far. On November 28th, the divorce dispute and private loan dispute between Xiao Xie and He XX would be held in the People's Court of Wuhou District of Chengdu City for the second time. The focus of Xiao Xie's appeal in this trial would be on the division of common property and divorce damages. The novel,"Deaths from domestic violence, I went crazy from the bullet comments", is equally exciting. Everyone is welcome to click and read it!
A case of domestic violence, divorce, and division of property
The following are some cases of domestic violence divorce property division: - In the divorce dispute between the plaintiff, Mr. Wu, and the defendant, Mr. Chen, both parties quarreled and scuffled. The defendant punched the plaintiff and caused minor injuries. Later, the defendant was sentenced to five months of detention and suspended for five months. The plaintiff filed for divorce, claiming that the defendant's domestic violence had caused him great physical and mental pain. He demanded compensation for mental damage and requested the court to divide the property more according to the principle of taking care of the innocent party and the woman. In the end, when the court divided the house shared by both parties, it gave more points according to the principle of taking care of the woman's rights and interests, and supported the mental damage compensation claimed by the plaintiff. - Generally speaking, if a divorce was caused by domestic violence and the couple could not agree on the distribution of property, the people's court would make a fair decision based on the principle of equality between men and women, as well as factors such as taking care of children and protecting the rights and interests of the woman. Moreover, according to the relevant laws and regulations, domestic violence was considered a wrong act. The innocent party should receive appropriate care during the division of divorce property. This reflected the law's tendency to protect the weaker party in order to effectively curb domestic violence. The novel,"Deaths from domestic violence, I went crazy from the bullet comments", is equally exciting. Everyone is welcome to click and read it!