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Where the crime of assembling a crowd to fight is constituted, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and where they turn themselves in, punishment may be mitigated, commuted, or waived.
Article 292 of the Criminal Law (2015) [Crime of assembling a crowd to fight; the crime of intentional injury; Intentional homicide] Gathering a crowd to fight, the ringleaders and others who actively participate are sentenced to up to three years imprisonment, short-term detention or controlled release; In any of the following circumstances, the ringleaders and others who actively participate are to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years:
1) Gathering crowds to fight multiple times;
2) Gathering a crowd to brawl with a large number of people, a large scale, and a vile social impact;
3) Gathering crowds to fight in public places or on major traffic arteries, causing serious disruption of social order;
4) Armed crowds to fight.
Where a crowd is assembled to fight, causing serious injury or death, it is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.
Article 67: [Voluntary Surrender] Those who voluntarily surrender after committing a crime and truthfully confess their own crimes are voluntarily surrendered. Criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.
Where criminal suspects, defendants, or convicts currently serving a sentence who have been subjected to compulsory measures truthfully confess other crimes of their own that are not yet known to the judicial organs, they are to be considered to have voluntarily surrendered.
Where criminal suspects do not have the circumstances provided for in the preceding two paragraphs of voluntary surrender, but truthfully confess their own crimes, they may be given a lighter punishment; Where they truthfully confess their own crimes to avoid especially serious consequences, punishment may be commuted.
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Gathering a crowd to fight is not based on the injury of the other party as the criterion for conviction, and the injury is only a matter of severity and seriousness. It depends on the role you play in the crime, which is not something that can be explained simply, and at least it can be done without prosecution. At present, the operation to clear the net is very beneficial to you, the public security organs have arrested the fugitives at any cost, and if you can take the initiative to go back and turn yourself in, you may even be released on bail pending trial.
It is best to have the family and the public security organs communicate with each other in advance.
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Voluntary surrender is a legally-prescribed sentencing circumstance, and it may be mitigated or mitigated, and it is recommended that you directly seek a professional criminal defense lawyer.
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Where are the people ? Information me in Guangzhou!
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Hello, gathering a crowd to fight is a more serious behavior! In accordance with the provisions of the law:
Article 292 of the Penal Code:
Where a crowd is assembled to fight, the ringleaders and others who actively participate are to be sentenced to up to three years imprisonment, short-term detention or controlled release; In any of the following circumstances, the ringleaders and others who actively participate are to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years: (1) gathering crowds to fight multiple times; 2) Gathering a crowd to brawl with a large number of people, a large scale, and a vile social impact; 3) Gathering crowds to fight in public places or on major traffic arteries, causing serious disruption of social order; 4) Armed crowds to fight.
According to the above regulations, if you take a tool, you will be armed and gather a crowd to fight, which is serious, even if you turn yourself in, you will be sentenced to 2 4 years, and if you do not take a tool, then 1 3 years, this is my personal estimate. The above comments are for your reference.
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The ringleaders and active participants in armed brawls shall be sentenced to imprisonment of not less than three years but not more than ten years. Where the legally-prescribed requirements are met, a suspended sentence may be announced.
Article 292 of the Criminal Law (2015) [Crime of assembling a crowd to fight; the crime of intentional injury; Intentional homicide] Gathering a crowd to fight, the ringleaders and others who actively participate are sentenced to up to three years imprisonment, short-term detention or controlled release; In any of the following circumstances, the ringleaders and others who actively participate are to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years:
1) Gathering crowds to fight multiple times;
2) Gathering a crowd to brawl with a large number of people, a large scale, and a vile social impact;
3) Gathering crowds to fight in public places or on major traffic arteries, causing serious disruption of social order;
4) Armed crowds to fight.
Article 72: [Applicable Requirements]Criminals sentenced to short-term detention or up to three years imprisonment may be given a suspended sentence if they meet the following conditions at the same time, and a suspended sentence shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:
1) The circumstances of the crime are relatively minor;
2) Expressions of remorse;
3) There is no risk of recidivism;
4) The probation is declared to have no significant adverse impact on the community in which the person resides.
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You should turn yourself in! Whether a suspended sentence can be imposed depends on the circumstances and consequences, as well as the circumstances of the trial.
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If no one is injured in an armed crowd brawl and there are circumstances of voluntary surrender, the sentence is still imposed, and the punishment may be mitigated on the basis that no one was injured and there were circumstances of voluntary surrender.
Article 292 of the Criminal Law: Where a crowd is assembled to fight, the ringleaders and others who actively participate are sentenced to up to three years imprisonment, short-term detention or controlled release; In any of the following circumstances, the ringleaders and others who actively participate are to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years:
1) Gathering crowds to fight multiple times;
2) Gathering a crowd to brawl with a large number of people, a large scale, and a vile social impact;
3) Gathering crowds to fight in public places or on major traffic arteries, causing serious disruption of social order;
4) Armed crowds to fight.
Where a crowd is assembled to fight, causing serious injury or death, it is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.
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If it constitutes a minor injury, it has already constituted a criminal act under the Criminal Code and must be prosecuted by the public prosecution organ. However, if you are an accomplice and have voluntarily surrendered, you can make positive compensation, and the punishment can be mitigated or mitigated in accordance with the law. Although the other party has obtained understanding, it cannot obtain legal understanding.
Therefore, the punishment will not be severe. The court and the public prosecution will give a lighter or commuted punishment. Since the courts have judicial discretion.
No one has an answer without a court trial. Therefore can not you, how will the court decide.