Point of View | Art of Criminal Defense-Have you paid attention to the relationship between "injury" and "disease" in injury identification?
Published:
2024-03-18
In handling the case, the criminal defense lawyer will encounter the conclusion of injury appraisal after investigation. When reviewing the injury appraisal, we should pay attention to whether there is a common effect of injury and injury, and focus on the relationship between injury and disease, as well as the relationship between disease and age.
case overview]
Wang and his neighbor Lin had a dispute and physical conflict over trivial matters. Wang pushed Lin's left chest with his hand. Lin felt pain in his left chest and went to see a doctor. CT examination found that Lin's left 6th and 7th ribs were incomplete. Fracture, multiple soft tissue contusions. After identification, Lin's injury degree was assessed as minor injury grade II. The public security organ filed a case for the crime of intentional injury and submitted it to the procuratorate for approval of the arrest. The procuratorate reviewed the appraisal opinions in accordance with the law and believed that Lin's injury was the result of the joint effect of injuries and illnesses. It should not be assessed as a minor injury, and it should be identified as a minor injury. Therefore, a decision was made not to arrest.
review process]
The review found that Lin's CT imaging results showed that the left 6th rib and 7th rib medial cortical folds, while Lin's X-ray showed that Lin suffered from severe osteoporosis. Osteoporosis is a systemic bone disease, bone loss and bone microstructure damage, increase the fragility of bone, bone strength, increase the risk of fracture. In the case, Wang pushed Lin's external force is relatively mild, Lin suffers from osteoporosis, and the fracture formed by slight external force should be the result of the joint action of injuries. The degree of Lin's injury should not be assessed as minor injury grade 2, but should be assessed as minor injury.
assessment rules]
1. classification and assessment rules for the causal relationship between injury and disease in the Code for Forensic Identification of Injury and Disease:
1. Direct causal relationship: There is a direct causal relationship between trauma and disease. The degree of trauma participation is 75%-100. The injury shall be determined according to the original file and shall not be downgraded;
2. Critical causality: there are both diseases and trauma. Diseases and trauma exist alone and cannot cause consequences. Both have the same effect. The degree of trauma participation is divided into 50%, and it is evaluated by one level;
3, indirect causality: that is, the cause or auxiliary cause. Trauma was the inducement, and the participation degree of trauma was 25%; trauma was the secondary cause, and the participation degree of trauma was 12.5;
4. No causal relationship
Assumption: if the damage consequence of the identified person has reached the scope of serious injury, if the causal relationship is direct causal relationship, it will not be downgraded and will be directly assessed as serious injury; If the causal relationship is critical, it will be assessed as minor injury by one gear. If the indirect causal relationship is 12.5-25%, it will be downgraded by two gears and assessed as minor injury, or the degree will not be assessed, only indicating the causal relationship.
2. "human body injury degree appraisal standard" on the treatment principle of the relationship between injuries and diseases:"If the injury is the main function, and the previous injury/disease is the secondary or minor function, it shall be identified according to the corresponding provisions of this standard; if the injury and the previous injury have the same effect, the degree of injury shall be moderately reduced according to the corresponding provisions of this standard, that is, if the level is serious injury level 1 and serious injury level 2, it shall be identified as minor injury level 1 or minor injury level 2 according to the specific circumstances, if the grade is minor injury grade I and minor injury grade II, they are all identified as minor injuries; if the previous injury/disease is the main effect, I .e. the injury is secondary or minor, it is not appropriate to identify the degree of injury and only explain the causal relationship."
Case revelation]
In handling the case, the criminal defense lawyer will encounter the conclusion of injury appraisal after investigation. When reviewing the injury appraisal, we should pay attention to whether there is a common effect of injury and injury, and focus on the relationship between injury and disease, as well as the relationship between disease and age.
The rib fracture in the case is a common injury in the injury case, and it is also the focus of controversy in the qualitative of the case. Therefore, special attention should be paid to distinguish whether rib fractures are pathological, old or caused by abnormal factors such as developmental variation. The defender can fully understand the physical health status of the victim before the injury by collecting the past medical history of the victim, so as to accurately assess the relationship between the trauma and the original disease.
In addition to past medical history, the age of the injured should also be examined. If it is an elderly person, the bone density should be measured first to determine whether osteoporosis exists. If it exists, the injury should be assessed by one level. If the assessment can be downgraded, the nature of the case may change from a felony to a misdemeanor or even innocence.
Effective defense can be achieved in four or two ways.
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