Yu Gong Tong (2013)278No.

The provincial public security bureau:
   To further standardize our province public security organs to the timely processing of injury cases, improve the quality of law enforcement, resolve social conflicts, safeguard the legitimate rights and interests of parties, the provincial public security department and combining the actual work, formulated the "Henan provincial public security organ for injury cases work rules", are hereby printed and distributed to you, please follow carefully, to implement.

 

                                                                           The Public Security Bureau of Henan Province

                                                                            December 30, 2013

 

Henan provincial public security organ for injury cases work rules

 

First chapterGeneral provisions

 

    Article 1 To further standardize our province public security organs to the timely processing of injury cases, improve the quality of law enforcement, resolve social conflicts, safeguard the legitimate rights and interests of parties, according to the "PRC Criminal Law", "Criminal Procedure Law of the people's Republic of China", "the people's Republic of China Public Security Management Punishment Law", "the public security organs in handling criminal cases" Regulations ", the public security organs procedures for the handling of administrative cases rules", "the public security organs injury cases regulations", "public order mediation work norms" and other laws, regulations, normative documents, combine me the Province is actual public security work, formulate the rules.

 

    Article second The injury cases these Rules refers to hurt others body, shall be handled by the public security organ according to law

 

    Article third Should follow the rapid disposal of exploration, standardized, comprehensive evidence, in accordance with the law for the injury cases, the principles of fairness and justice.

 

The second chapterJurisdiction and division of labor

 

    Article fourth Minor injuries the following injury cases shall be under the jurisdiction of the public security organs of public security administration, public security police, the criminal investigation department in the scene investigation, assistance, guidance.

 

    Article fifth Serious injury or injury death cases shall be under the jurisdiction of the Criminal Investigation Department of the public security organ, the area public security management department, public security police station to assist.

 

    Article Sixth The injury is unknown, it is difficult to determine jurisdiction, by first accepts the Department to handle, identification, implementation of article fourth, the provisions of article fifth.

   Identification of injury is not made, but was hurt people were significantly serious injury cases, under the jurisdiction of the Criminal Investigation Department of the public security organ.

 

    Article seventh If the dispute over the question of jurisdiction, by the common superior public security organs designated jurisdiction.

   The same department of the public security organ to the jurisdiction of dispute, by the public security organs the person responsible for the decision department.

 

    Article eighth The first case is accepted by the Department, finds that the case does not fall under its jurisdiction, need to transfer them to other public security organs, shall make a notice to the case within twenty-four hours, transferred to the public security organs jurisdiction; need to transfer the same public security organs of other relevant departments, directly handle the transfer formalities and attached.

   The first case is accepted by the public security organ in the Department shall have jurisdiction over the parties or their family members informed immediately after the case is accepted.

   For does not fall under its jurisdiction but calls for emergency measures, it shall take emergency measures, and then apply for transfer, the transfer formalities.

 

    Article ninth Hurt people hurt proof (minor) cases, the police should inform the victim may directly to the people's court. If you are hurt people request the public security organs, the public security organ shall accept the application.

   Public security organs are for intentional injury (injury) cases, harm to the people's court private prosecution, the case handling department shall, according to the court for certiorari material documents, the relevant materials to the people's Court on schedule.

 

    Article tenth The people's court directly accept the cases of intentional injury (injury), due to insufficient evidence, to the public security organ for investigation, has jurisdiction over the management of public security organs, public security police department shall timely accept.

 

The third chapterInitial treatment

 

    Article eleventh Command center 110 police service center received the injury cases after the alarm, the Ministry of public security shall be in accordance with the "110 police work rules", "Henan Province Public Security Bureau 110 command" of the relevant provisions of the detailed rules for the implementation of inquiry, the occurrence of an alarm time, place, cause, way of committing the crime, illegal activities, the number of suspects, character, fate and the casualties, property losses, preliminary decide the nature of the case, the nearest police station immediately command patrol police or security, criminal investigation, police rushed to the scene disposal etc.. Depending on the situation, special police, armed police command Jizhen police on standby, to dispose of or control investigation. Major case, immediately report to the police on duty person in charge, the relevant responsible person to dispose suggestions.

 

    Article twelfth Received alarm instructions, the nearest patrol police should be immediately rushed to the scene early disposal, area of public order administration departments, police stations and other relevant departments shall immediately arrange two or more police with law enforcement recorder, carrying a single alarm equipment, alarm equipment, evidence of the registration and on-site mediation agreement promptly rushed to the scene. Personnel handling units shall not assign trainee police, to assist the staff do not have separate police law enforcement qualification.

 

    Article thirteenth First to arrive at the scene of the police or the area of management of public security organs, the public security police police police department shall timely open law enforcement recorder recording the whole process of the police, fill out the police registration in accordance with the relevant provisions, record the time, place, alarm alarm properties, the situation, the articles in the scene, the scene mediation, transfer cases, timely responsible person; the command center, 110 alarm service report to duty field; for the case is complex, involved many, the scene chaotic case, request support; for after a preliminary judgment injury, injured obviously serious cases, request the criminal investigation department instruction area police arrived at the scene, and do a good job with the field survey and case work.

 

    Article fourteenth The ongoing injury cases, rushed to the scene of the police police should do the following work:

   (a) to stop the damage behavior;

   (two) organize rescue the wounded. Some people were injured, according to the injury severity and the rescue knowledge, quickly take temporary treatment to the injured, and according to the need to immediately notify the 120 emergency center to treatment. The area public security organ personnel, public security police police police should also work on the site, personnel injury of photos or video;

   (three) to protect the scene. First to arrive at the scene of the police should set the alert area, to maintain order at the scene, is strictly prohibited non investigators enter the security range. When environmental conditions change, should notice to protect the obvious crime trace;

   (four) to take measures to control the suspect. The scene to identify illegal suspect, criminal suspects, the police rushed to the scene shall immediately take measures to control, in the area of public security organ personnel, public security police police police rushed to the scene to transfer; the area public security organ personnel, public security police police police at the scene can be according to the law on illegal suspect, the suspect summoned verbally, illegal the suspect, the suspect refuses or avoids summons, in accordance with the law enforcement;

   (five) the site visit. To the timely registration of persons present at the scene, the witness, unit name, address and contact way, ask the parties and visit the on-site witness, understanding of the causes of cases and after. The police rushed to the scene and understand the contents should be registered to the jurisdiction of the case then rushed to the public security organ to handle the case, the public security police police police;

   (six) were collected, fixed evidence. Police police, the case handling department should be based on a comprehensive take pictures or video, the timely discovery, fixed, extraction and harmful behavior evidence, material evidence and other information. Pay attention to identify the original source material evidence in evidence collection, review the evidence for the original, can take to make on-the-spot examination transcripts, transcripts, transcripts shall be fixed evidence extraction.

 

    Article fifteenth Have taken place on the injury cases, rushed to the scene of the police police shall organize rescue the wounded, according to the provisions of article fourteenth of the protection of the scene, collecting, fixing the evidence, the site visit at the same time, immediately after check and control the suspect.

   Major cases and the suspects fled the scene soon, immediately visited understand the escape direction, route, physical characteristics of the suspect, and organize the chase, and report to the command center, the command center to organize intercept control. The patrol police arrest a suspect, the suspect should be handed over to the District Department of the public security organ, the public security police station.

 

    Article sixteenth The victim had been sent to hospital for treatment, the handling a case police should be twenty-four hours to get to the hospital about the case and injuries, injuries to take pictures of fixed, when necessary, can be checked to be hurt people and make inspection record.

 

    Article seventeenth For the hurt people or other people to report to the public security organs, the case handling department shall immediately accept the case according to law, to carry out the work of investigation and evidence collection. Need to the disposal site, shall be handled in accordance with the thirteenth, fourteen, fifteen, sixteen of the relevant provisions.

 

    Article eighteenth Police police site disposal is completed, should be in accordance with the relevant provisions of Henan Province Public Security Bureau police information collection and input specifications, timely acquisition alarm information through the integration of 110 provinces police comprehensive platform technology for entry, and make the audio and video data storage, backup, over work.

 

The fourth chapterOn-site inspection, inspection

 

    Article nineteenth Minor injuries the following injury cases, the case of public order administration departments, public security police in charge of the inquest, inspection. After the identification of jurisdiction has changed, the relevant materials delivered along with the case.

   Preliminary judgment may be serious injury or death cases, examination, examination by the public security organs criminal technical departments.

The more complex, difficult to extract, trace evidence, the public security organs of public security management department, police officers to deal with the light injury case spot, can request support, examination, examination by the public security organs criminal technical departments.

   To deliberately driving crash injury cases, an inquest or examination, assisted by the criminal technical departments, traffic police departments.

   The simple case, the site does not have the inspection conditions, agreed to by the acceptance of the case to public security departments, police station is responsible for the handling a case police shall, through video, photos and work recording form objectively records the scene, and make the necessary instructions.

 

    Article twentieth Injury cases on-site inspection, inspection task is found, fixed, extraction and harmful behavior evidence, material evidence and other information, to determine the degree of injury, damage analysis process, provide clues and evidences for the investigation of injury cases.

   The case handling department on the extraction of trace material evidence, and the instrument that caused the injury should be the relevant departments in accordance with the relevant provisions to safekeeping.

 

    Article twenty-first On site inspection, check the damage case shall not be less than two official police.

   On-site inspection, inspection, should be invited to two irrelevant to a case personnel witness, temporary personnel of the public security organs shall be as a witness.

 

    Article twenty-second Perform on-site inspection, inspection staff, shall be for the use of personal protective equipment for the corresponding.

 

    Article twenty-third On-site inspection, inspection is carried out according to the following steps:

   (a) as being hurt people at the scene, should immediately to the photos, pictures of the whole picture, focus on the injured area, clothing damage etc.. Photo details were should use the scale, vertical photograph;

   (two) preliminary inspection, on-site inspection, the instrument that caused the injury, blood, attached with blood items are photographed fixed, extraction;

   (three) detailed field surveys and inspections, focus on the discovery and relevant articles scene traces left behind, abandon;

   The trace on the scene, goods, shall be respectively extract, separate packing, uniform number, indicating the location, location, date of extraction, extraction number, name, method and extraction. For special materials, it shall take corresponding methods of extracting and packaging, to prevent damage or contamination;

   (four) the overall collection of video surveillance data in the field and in the related area;

   (five) comprehensive record of site condition and field surveys, inspection;

   (six) the extraction of trace, evidence, shall timely send the relevant departments to carry out inspection and appraisal.

 

    Article twenty-fourth Be hurt people report to the public security organs, the police should be immediately on the injured part pictures is fixed. Photo provided by the Department in charge of the case to the state entrusted the county public security organs criminal technical appraisal department.

 

    Article twenty-fifth An inquest or examination, the scene shall timely make injury cases, on-site inspection, inspection record.

   On-site inspection, inspection records including on-site inspection transcripts, site map, site photos.

 

    Article twenty-sixth On-site inspection, inspection record mainly includes the following contents:

   (a) the preface: record number, case time and content, site location, site protection, an inquest or examination, beginning and ending time, weather conditions, inspection, examination using light, organization and command staff, site location and surrounding environment;

   (two) part of the body: name, traces and articles relating to the case of the site, number, character, distribution;

   (three) the ending part: extracted traces, evidence, seized goods, the number of drawing and photography. Reporter, drawing, photography, on-site inspection, the inspectors office units, and signature, signature of witness.

 

    Article twenty-seventh Site map shall meet the following basic requirements:

   (a) indicate the case name, cases, find the time, the place;

   (two) reflect the integrity of the location, site;

   (three) the main objects related to accurately reflect the damage activity, indicate the traces, physical evidence, the cluster footprint, tools and other specific position;

   (four) text concise, accurate;

   (five) the layout is reasonable, focused, screen clean, marking standards;

   (six) indicate the direction, illustrations, drawing unit, drawing date and drawing people.

 

    Article twenty-eighth The scene photography, including range profile, the key parts and details four. Basic requirements:

   (a) image is clear, prominent theme, clear, true color;

   (two) clear, accurate recording of the field range, the surrounding environment and the original state, recording traces, evidence relationship with the position and shape, size and their mutual;

   (three) a photographic, video should be placed scale;

   (four) the scene photo stickers add text.

 

    Article twenty-ninth On-site inspection, inspection record and field plot, scene photography should be consistent with each other.

 

    Article thirtieth The original data of on-site inspection, inspection record and scene drawing, photography, on-site inspection, inspection shall properly keep the.

 

    Article thirty-first Identification for minor injuries and serious injuries, the scene information should be timely input field inspection information system.

   Entry inspection of the scene information shall be in conformity with the relevant norms of the Ministry of public security, "the scene inspection" column shall not be less than two hundred characters, scene photos shall not be less than ten.

 

    Article thirty-second Criminal technical departments of public security organs' investigation, inspection in accordance with the "criminal case crime scene investigation and inspection rules" of.

 

The fifth chapterAppraisal

 

    Article thirty-third For injury cases, should be on the personal injury and used as the evidence, material evidence, the traces of the instrument that caused the injury of inspection, identification.

The handling a case police inspection samples should be correctly labeled samples, name, source, is strictly prohibited materials confusion.

 

    Article thirty-fourth Hurt after the case is accepted, with one of the following cases, criminal technical departments at the county level or the public security organ shall carry out identification:

   (a) may constitute a minor injury or damage;

   (two) being hurt people requirements for the identification of the;

   (three) the suspect, criminal suspects, hurt people disputed on the damage degree.

   On the need for the identification of the police handling the case shall, within twenty-four hours of injury identification issued by attorney, told by damage to the criminal technical departments at the county level public security organs were identified. Be hurt people were hospitalized, the handling a case police shall timely identification and related criminal technology sector.

   The case handling department shall be sent to the relevant identification of required materials to the identification of human, the identification of the relevant, clearly put forward the identification requirements. No suggestion or force identification make some kind of expert opinion.

 

    Article thirty-fifth Criminal technical departments of public security organs should be identified according to the identification standard of personal injury promulgated by the relevant departments of the state and be hurt people at the time of the injury and the hospital diagnosis proof etc.. The need for professional medical examination, the handling a case police can accompany the person being tested to the designated place for medical examination, medical examination and the results achieved by the police to the entrusted appraisal institution to provide.

 

    Article thirty-sixth Verification of personal injury, shall be made by the criminal technical departments of the public security organ at or above the county level or above shall be responsible for the implementation of identification two.

   Comparison of the expert opinion of injury problems, may be a dispute or identified by the subject has clear requirement, injury identification shall be composed of three or more Professor doctor is responsible for the implementation of.

   Need to employ other personnel with special knowledge were identified, the public security organ at or above the county level shall be responsible for the approval of the person making the identification, invitation, to hire.

 

    Article thirty-seventh Authenticators shall be issued after, expert opinion. Expert opinion shall specify the unit, the authentication matter, submit the identification of related materials, identification time, basis and conclusive opinions and other content, and stamp signed by the appraiser or. Through the analysis of expert opinion, should have the analysis process description. Expert opinion shall be accompanied with the authentication institutions and appraisers qualification certificate or other documents.

  

    Article thirty-eighth Have the immediate identification of conditions, criminal technical departments at the county level public security organs should be commissioned on the appraisal opinions within twenty-four hours, and issued identification documents within three days. On the injury is complicated, do not have immediate identification of the conditions, should be made within seven days by expert opinion and identification documents issued by proxy.

   Influence of organization, organ function or injuries are complex, it is difficult to identify, to be in stable condition after the timely identification, and identification documents issued by. Identification of the time limit of ninety days to injury or clinical treatment at the end. Under special circumstances, according to the primary injury and its complications by expert opinion, but must be explained to have a possible sequela, if necessary, should be inspected and be supplementary identification.

   Need to add sample material, inspection, identification of time from the samples, sample complete complementary calculation date.

  

    Article thirty-ninth For professional diagnosis, damage identification difficult, criminal technical departments shall conduct consultation experts of relevant majors employ more than two with secondary vocational qualification, issue written opinions consultation.

 

    Article fortieth Injury cases clients have objections to the issue of criminal technical departments at the county level public security organs injury of expert opinion, the case handling department has any objection or, by the public security organs at the county level is responsible for the approval of people, can be added to identify or re identification.

 

    Article forty-first Has any of the following circumstances, should add identification:

   (a) identification content has obvious omissions;

   (two) the discovery of new appraisal significance of the evidence;

   (three) have identified requirements on identification evidence;

   (four) the expert opinion is not complete, the entrusted matters cannot be determined;

   (five) other supplementary appraisal situation.

   After the examination, does not meet the above conditions, the public security organ at or above the county level shall be responsible for the approval of the person, not make a supplementary identification decision, and when the decision is made within three days written notice to the applicant.

   Supplementary identification in general by the original authenticators, when necessary, can also designate or appoint appraisers.

 

    Article forty-second Has any of the following circumstances, should be re identification:

   (a) identification of illegal or in violation of procedure requirements related to professional technology;

   (two) identification, identification of people do not have the qualifications and conditions of identification;

   (three) identification intentionally makes a false identification or violates the provisions of the avoidance;

   (four) based on the apparent lack of expert opinion;

   (five) samples of false or corrupted;

   (six) other circumstances should be re identification.

   After the examination, does not meet the above conditions, the public security organ at or above the county level shall be responsible for the approval of the person re identification, not make a decision, and make a decision within three days after a written notice to the applicant.

   Re identification by the case handling department commissioned the Provincial Public Security Bureau Criminal Technology sector.

   The direct control of the county (city) the re identification of criminal technical departments of the public security organs temporarily by the case handling department commissioned the original where the Provincial Public Security Bureau Criminal Technology sector.

 

    Article forty-third Two identification of consensus, no longer re commissioned identification; two expert opinion inconsistent, the case handling department shall examine the expert opinion, decision as the expert opinion evidence, but shall not as expert opinion evidence on the use of attached and issue a reason.

   Re appraisal opinion parties to the Provincial Public Security Bureau of the objection and meet the re identification of closed or supplementary appraisal situation, personnel department by the case handling department commissioned by the Provincial Public Security Bureau Criminal technical departments and invite judicial forensic technology and related medical experts consultation on proposed expert opinion has been issued and related technology the problem, the original identification of consultation should be avoided. The consultation opinions shall be attached.

 

    Article forty-fourth Examined as evidence that the use of expert opinion or expert consultation, the case handling department shall inform the criminal suspects or service, criminal suspects, hurt people or their legal representatives in accordance with the law.

 

    Article forty-fifth Personal identification document format and content should conform to the standard. Identification document should have been hurt all the injury site man bareheaded photo and human need for identification of the breakdown of photos.

 

    Article forty-sixth Identification of the person responsible for the expert opinion, without any organs, organizations, enterprises, institutions and individuals. Many people participated in the identification, have different views, shall indicate the.

   Identification of intentionally makes a false verification, he shall assume legal responsibility.

 

The sixth chapterInvestigation and evidence collection

 

    Article forty-seventh After accepting the injury cases, case handling units should be in accordance with the law, timely investigation and evidence collection, comprehensive, objective and collect and verify the evidence, identify the facts of the case.

 

    Article forty-eighth Asked the suspect, the interrogation of criminal suspects, except as otherwise prescribed, shall be carried out in the law enforcement in place, ask the following key:

   (a) the specific process of harm behavior, is the main damage behavior specific time, location, damage of the object, the causes of things, the consequences of such elements and intentional injury premeditated, preparation, implementation of the basic process of intentional injury;

   (two) the implementation of harm intent and motivation, the main reason is the suspect, the suspect produce harm intentionally, objective and motivation, the difference between the behavior and negligent injury behavior and provocative acts;

   (three) damage the environment and details, mainly is the human reaction was hurt hurt hurt the environment, behavior behavior, position, number;

   (four) the basic tools, is the main character, tools of the source and destination, if arrested, should pay attention to and seizure list corresponding;

   (five) being hurt basic object, mainly to the specific site was hurt people's characteristic, damage, injury and damage parts of the basic situation;

   (six) the common law, criminal conspiracy or consensus process, division of labor and other co personnel in the damage process in the specific behavior (including specific damage to the object, use tools, striking position, number), direct (main) injury, secondary injury behavior, a plurality of the suspect, the suspect cooperation, common injury intentionally and behavior.

 

    Article forty-ninth Asked about the harm, the witness must independently. For the need to ask the case was hurting people or witnesses in other locations, and comparative evidence for single damage cases, can be synchronous recording. For the injured for medical treatment, can go to the hospital to ask, it does not stable, ought to be in stable condition after the timely to ask, ask the following key:

   (a) asked the hurt people, focus on the basic situation of Qing was asked people hurt; damage behavior of the time, place, cause, specific after injury, methods, tools, parts, injury; hurt themselves whether there is fault, whether to also have hurt each other's behavior; witnesses, field sources and the suspect, the suspect case; whether the requirements of forensic identification;

   (two) questioning the witness, key to ask what Qing injury time, place, after, both parties and the number of their own position, hold the weapon, order implementation of harm behavior, damage, mode, parts, clothing, physical characteristics, witnesses the position and witnesses and the relationship between the parties;

   (three) to ask other witnesses, especially ask about harm behavior they hear, see.

 

    Article fiftieth For injury cases, in addition to the interrogation of a criminal suspect, the suspect was asked, hurt people, witnesses, collect evidence on the following:

   (a) the murder weapon, clothes and other articles that could prove the injury;

   (two) the wounded injury cases, shall timely take diagnoses certificate and related medical records to prove;

   (three) call records, the message content and other electronic data, audio and video data;

   (four) other evidence relevant to the case.

   The police take the relevant evidence, to take time, mode, participants, record, and shall record the complete list.

 

The seventh chapterCoercive measures

 

   Article fifty-firstIn the above minor injury injury cases investigation, the case handling department shall, according to the specific needs of the case, take compulsory measures according to law.

 

    Article fifty-second The captured suspect, caused by the injury may be slightly above the consequences and the facts are clear, may be detained first according to law or administrative detention.

 

    Article fifty-third For due to civil disputes or other lesser light damage in criminal cases, can be forced to bail for the suspect measures.

 

    Article fifty-fourth The wounded injury cases, the criminal suspect can truthfully confession crimes, show real repentance, advance medical compensation, has been hurt people understanding, and one of the following circumstances, can be mandatory measures taken bail;

   (a) caused by clan, neighborhood, friends, family, colleagues and other civil disputes;

   (two) students in the minors, deliberately hurt others body;

   (three) caused by land, land, forest, water disputes;

   (four) caused by economic disputes, debt disputes;

   (five) to reduce the consequences of the crime;

   (six) the other in accordance with the law of bail conditions.

 

    Article fifty-fifth The suspect breach of bail provisions, investigation, influence the normal conduct of the proceedings, have to pay a deposit, the public security organ shall, according to the violation of the provisions of the circumstances, decided to confiscate all or part of the margin, and the difference between the circumstances, shall be ordered to write a statement of repentance, to pay margin, the guarantor, change the compulsory measures or administrative penalties for public security; need be arrested, can the custody.

 

The eighth chapterCase processing

 

    Article fifty-sixthInjury cases can make the following treatment according to different conditions:

   (a) be hurt injury constitute a serious injury or death, shall be investigated for criminal responsibility to the suspect, shall be handled by the criminal investigation department in accordance with the relevant provisions of the criminal procedure law "" the people's Republic of china;

   (two) being hurt a minor injury, need to be investigated for criminal responsibility, and charged to the public security organ, shall be handled by the relevant departments in accordance with the relevant provisions of the criminal procedure law "" the people's Republic of china;

   (three) being hurt injury is not up to the minor or no obvious injury, the case handling department in accordance with the "Security Management Punishment Law of the people's Republic of China on administrative penalties for public security violations;

   (four) for due to civil disputes assault or deliberately hurt others body behavior, if the circumstances are relatively minor, but not serious enough for criminal punishment, according to law, the case handling department can mediate;

   (five) injury is unknown, temporarily unable to determine criminal or administrative cases, the case handling department can be in accordance with the administrative case handling. The heavy injury, according to the hospital diagnosis proof or appraisal institution inspection submissions reached more than minor injuries, or preliminary judge obviously constitute minor injuries above, the case handling department can directly as criminal cases.

 

    Article fifty-seventh  For the hurting case of civil dispute, with the consent of both parties, the public security organ may apply the criminal reconciliation procedure.

 

    Article fifty-eighth According to the "PRC Criminal Law" thirteenth and "Criminal Procedure Law of the people's Republic of China" Fifteenth paragraph, caused in civil disputes deliberately hurt others minor injuries, the plot remarkable slight, harmless, has one of the following situations and facts, irrefutable evidence, has been hurt people understanding, can mediation in accordance with the law of public security organs:

   (a) between the relatives and friends, neighbors or colleagues because of trivial disputes;

   (two), the minor students assault or deliberately hurt others body;

   (three) Department of infringement behavior caused by injured personnel before the fault behavior;

   (four) other applicable mediation to resolve contradictions.

 

    Article fifty-ninth After the mediation agreement and fulfill the light injury case, the case handling department can be based on "Criminal Procedure Law" of the people's Republic of China, the provisions of article 110th and 161st were treated as follows:

   (a) after the acceptance of the application has not yet been placed on file, in accordance with the law can not on file;

   (two) has accepted the case, may be revoked according to law.

 

    Article sixtieth On the injury is not up to minor injuries, the facts are clear, clear causal relationship, not involving medical expenses, loss of items or parties to pay medical expenses and loss of items without controversy, with public security mediation conditions, both parties agreed to mediation of public order cases, can mediate. Conciliation agreement by mediation organization, mediators, parties and other participants in the signature, a copy of the parties, the public security organs retained a copy for reference.

　

    Article sixty-first The parties may voluntarily participate in the mediation, the mediation can also participate in the entrust other people, but to the public security organ shall submit a power of attorney, proof of identity and other materials. A minor party, the mediation shall notify the parents or other guardians to. But the parties who have reached the age of minors over the age of sixteen, with their labor income as the main source of livelihood, I asked not to notice and refuses to provide the family contact, can't notice.

 

    Article sixty-second The principle of mediation for a time, when necessary, can increase a mediation program in accordance with the relevant provisions.

 

    Article sixty-third If no agreement is reached through conciliation, or the agreement is not complied with, the case handling department shall promptly deal with according to law.

 

    Article sixty-fourthAny of the following circumstances, shall carry out mediation, not applicable criminal reconciliation procedure:

   (a) plot to harm others;

   (two) the crime of the underworld organization involved;

   (three) relates to stir up trouble;

   (four) relates to affray;

   (five) the recidivist;

   (six) times deliberately hurt others body;

   (seven) in the mediation process, the applicable criminal reconciliation process and beaten, hurt the body;

   (eight) in addition to deliberately hurt others, and other major crimes. Further investigation is necessary;

   (nine), intentional injury serious social harmfulness larger;

   (ten) the other is mediation, the applicable criminal reconciliation program.

 

    Article sixty-fifth Public security organs in accordance with the mediation and performed at the time of injury cases, one party retracts, no change of the original decision, notify the parties may bring a lawsuit to a people's court according to law.

 

    Article sixty-sixth Agreement on compensation mediation, criminal reconciliation by both parties to pay, the case handling department shall not be detained, temporary storage and transfer.

 

    Article sixty-seventh Many people participate in the implementation of harm behavior, did not identify damage results from the injury which caused by human behavior directly, but there is evidence that the common form, the behavior of beating hurt personnel before or during the implementation, assault, injury behavior, the behavior and harm result has certain causality, should be identified as the the behavior of people constitute the common intentional injury, treatment according to the common crime.

 

The ninth chapterFile

 

    Article sixty-eighth For the case of injury, should be strictly in accordance with the handling of criminal cases or cases of administrative requirements, form a complete, standardized file.

 

    Article sixty-ninthThe case handling department shall establish the unresolved cases registration management accounting, monthly record into the file, do the registration is complete, centralized management, base clear.

   Does not hurt the files of the case cover shall fill out the case name, case number, filing, filing time, number of pages, and other projects, shall include the following materials in volume:

   (a) volumes within the document directory;

   (two) report, including the source of cases, the basic situation of the parties, pre survey, the next step work etc.;

   (three) legal documents, including the case, jurisdiction, avoidance of documents, case filing receipt, this law enforcement documents, documents of coercive measures, investigation instruments;

   (four) the suspect, the suspect's confession and exculpation;

   (five) being hurt people or handwritten testimony interrogation record;

   (six) an important witness's testimony interrogation record or;

   (seven) on-the-spot examination transcripts, transcripts, photos, list the seized goods etc.;

   (eight) the relevant documentary evidence, material evidence, audiovisual materials, site evaluation;

   (nine) the registration certificate and other related materials;

   (ten) the internal examination and approval procedures;

   (eleven) the other needs to keep the relevant materials.

 

    Article seventiethTo hurt a suggestion or request and lawyer proposed, should be recorded in the memorandum, carried out the corresponding investigation, investigation, and promptly return the parties, to report the progress of case handling.

 

    Article seventy-first Public security penalties or mediate injury cases, after the case files in accordance with the provisions to preserve public security archives management.

 

The tenth chapterAccountability

 

    Article seventy-secondViolation of this rule, causing case could not identify Banjie, against the legitimate rights and interests of the parties, the cause of complaint letters and visits, there exists a law enforcement fault, according to "people's police law", "the public security organs of the people's police law enforcement fault accountability provisions" and other relevant provisions of responsibility.

 

The eleventh chapterSupplementary articles

 

    Article seventy-third These rules referred to above, below, including the number of.

 

    Article seventy-fourth In the present rules are hurting people including victims in criminal cases and administrative cases of the victim.

 

    Article seventy-fifth These rules and guidelines is the police in Henan Province, accurate, strict law enforcement, judicial and administrative regulations, norms, interpretation, departmental rules and other normative documents of the internal specification, only apply to public security organs, shall not be quoted in any legal documents, not to the external unit, personal open.

 

    Article seventy-sixth The rules shall be implemented as of January 1, 2014.

 

    Article seventy-seventh The rules shall be responsible for the interpretation by the Henan provincial public security department.

 

    Annex: injury cases the rights and obligations of notice

  

Rights and obligations of the parties to this single damage case

 

   1, the victim has deliberately hurt proof (minor) cases, the police should inform the victim may bring a lawsuit directly to the people's court.

   Intentional injury the public security organs are handled (minor) the case to the people's court private prosecution, the victim, the case handling department shall, according to the court certiorari written materials, the relevant materials to the people's Court on schedule.

   2, on the need for the identification of the police handling the case shall, within 24 hours of attorney issued identification, inform the victim to the county level public security organs criminal technical departments to identify the victim's injury.

   3, with the identification of conditions are immediate, criminal technical departments at the county level public security organs should be commissioned on the appraisal opinions within 24 hours, and in 3 days the identification documents issued by. On the injury is more complex, does not have the identification conditions are immediate, shall be made within 7 days by expert opinion and identification documents issued by proxy. Influence of organization, organ function or injuries are complex, it is difficult to identify, to be in stable condition after the timely identification, and identification documents issued by. Identification of the time limit to injury after 90 days or clinical treatment end is appropriate.

   4, has one of the following circumstances, can be re identified: (a) identification procedure illegal or violate the relevant professional technology; (two) identification, identification of people do not have the identification of qualification and conditions; (three) identification intentionally makes a false identification or violating the withdrawal of provisions; (four) the expert opinion evidence is obviously insufficient; (five) samples of false; (six) other circumstances should be re identification.

   After the examination, does not meet the above conditions, the public security organ at or above the county level shall be responsible for the approval of people, make a disapproving the re identification decision, and when the decision is made within three days written notice to the applicant.

   5, for the hurting case of civil dispute, with the consent of both parties, according to law, mediation, the applicable criminal reconciliation procedure of public security organs. The principle of mediation for a time, when necessary, can increase a.

   6, the public security organ in accordance with the law, mediation and performed at the time of injury cases, one party retracts, no change of the original decision, notify the parties may bring a lawsuit to a people's court according to law.

   7, victim suffers from a personal injury, medical treatment due to the cost of expenditure and revenue due to loss of working time, including medical expenses, lost income, nursing fees, transportation fees, accommodation fees, hospitalization fee food subsidies, necessary, the obligation of reparation should be compensation.
   The disabled because of injury, the increase of life need necessary expenses expenditure and result in loss of working capacity loss of income, including disability compensation, disability AIDS charges, was dependent for living expenses, as well as rehabilitation care, continued treatment of the actual cost of necessary rehabilitation, nursing fees, follow-up treatment fee, the obligation of reparation should also be compensated.

   The above notice I have received.

                                                              The accused man:

  Note: This notice on the first news (consultation) asked by the parties, and indicate in the record.