What kind of crowd brawl is an active participant

It is also possible to be suspected of the crime of assembling a crowd to fight, and it needs to be judged according to the specific circumstances of the case.

"Active participants in the crime of assembling a crowd to fight" refers to criminals other than the ringleaders who play an important role in assembling a crowd to fight.

Article 292 of the Criminal Law refers to the act of assembling a crowd to fight each other in a gang and disrupting public order.

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.

The subject of the crime of assembling a crowd to fight is that any natural person who is at least 16 years old and has the capacity for criminal responsibility can constitute the crime of assembling a crowd to fight. However, not all participants in a crowd brawl are guilty of assembling a crowd to fight. Only the ringleaders and other active participants in the crowd brawl can constitute the subject of the crime of assembling a crowd to fight.

The so-called ringleaders refer to criminals who play a role in organizing, planning, and directing crowd fights; The so-called "other active participants" refers to criminals other than the ringleaders who play an important role in the crowd fight. For ordinary participants, administrative responsibility can only be pursued in accordance with the public security administrative punishment regulations, and cannot constitute the subject of the crime of assembling a crowd to fight.

The key to identifying active participants in a crowd brawl is to analyze the subjective scale of the perpetrator's objective behavior in the entire process of the crowd brawl; And not just on the basis of its impact on the consequences of damage in a brawl.

An active participant can be identified as an active participant based on the following specific objective manifestations:

1. Actively participating in brawl activities.

This includes actively participating in a brawl that is known to be a crowd fight; Actively providing criminal tools, means of transportation, or property used in the crime for assembling a crowd to fight; Where the ringleaders did not ask for it, but voluntarily requested to participate in crowd brawl activities, or where the ringleaders gladly agreed and took the initiative to make suggestions after being asked to participate; Actively contacting the personnel who are dismantling and gathering the brawl, and taking the initiative to agree on the time and place of the brawl or creating conditions for the crowd to fight; or actively instigating others to engage in brawl acts; Those who were coerced into participating by the ringleaders, but later actively participated in the organization, planning, or fighting.

2. Being coerced into participating.

being coerced into participating in a brawl that has serious consequences (excluding causing death or serious injury to another person); Actively participating in the organization or planning of a brawl after being coerced into participating in a brawl.

3. Causing serious consequences.

It does not have the above two circumstances, but causes serious consequences that do not include causing death or serious injury to others.

1. What are the conditions for constituting the crime of assembling a crowd to fight?

1. The object of the crime is public order. The crime of assembling a crowd to fight often results in the infringement of citizens' personal rights and public and private property rights at the same time. However, the main thing they infringe upon is not specific individuals or specific public or private property, but they challenge the entire society by gathering crowds to fight, thus forming a serious threat to the entire social order.

2. The objective aspect of this crime is the act of gathering people to fight in groups. Crowding: generally refers to a large number of people, at least not less than three people, fighting: mainly refers to the use of violence to fight each other, but the way of using violence is different.

3. The subject of this crime is a general subject, and any natural person who has reached the age of 16 and has the capacity for criminal responsibility can constitute this crime. However, not all participants in a crowd fight are guilty of this crime. Only the ringleaders and other active participants in the brawl can constitute the subject of this crime.

The so-called ringleaders refer to criminals who play a role in organizing, planning, and directing the brawls of the crowd at banquets, and the so-called other active participants refer to criminals other than the ringleaders who play an important role in the brawls of the crowds. For ordinary participants, administrative responsibility can only be pursued in accordance with the public security administrative punishment regulations, and cannot constitute the subject of this crime.

4. The subjective aspect of this crime is that it is an intentional crime.

Legal Analysis:1First, it is judged from the subjective wishes of the participants; 2.

secondly, judging from the behavior or role of the participants; 3.Again, judging from the harmful consequences. Active participants often have a direct relationship with the victim's **, while ordinary participants often do not participate in the brawl.

Legal basis: Article 292 of the Criminal Law of the People's Republic of China: Where a crowd is assembled to fight, the ringleaders and others who actively participate in it shall 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.

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.

1.In the trial of cases of assembling crowds to fight, attention should be paid to identifying the ringleaders. The ringleaders of the crowd brawl are the organizers, planners, and commanders of the crowd brawl.

Whether or not the perpetrator of a second gathering is to be found to be the ringleader in the case of the person being gathered and then gathering others, depending on the circumstances. 2.Active participants in crowd brawls refer to those other than the ringleaders who play a major role in the crowd brawl or who directly injure or kill others during the brawl.

3.Those who play a role in organizing, planning, or directing behind the scenes, regardless of whether they directly participate in the brawl, should generally be designated as the ringleader; Those who actively conduct and play an important role in assembling a crowd or preparing for a brawl shall generally be found to be active participants, regardless of whether they directly participated in the brawl. The legal basis is the Criminal Law of the People's Republic of China.

Criminal Law of the People's Republic of China

Article 292.

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 the system of being promoted to the rank of Chang;

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, this law is to be followed.

Criminal Law of the People's Republic of China

Article 234.

Criminal Law of the People's Republic of China

Article 232.

provisions on conviction and punishment.

Legal Analysis: Active participants in a crowd brawl refer to those other than the ringleaders who play a major role in the crowd brawl or directly injure or kill others in the brawl. The criteria for judging active participants should include the unity of subjectivity and objectivity.

Positive is a word with subjective evaluation, emphasizing the active and enthusiastic attitude of the actor. However, in the crime of assembling a crowd to fight, the word positive not only encompasses the inner initiative in assembling a crowd to fight, but also includes the external positive actions and cooperation.

Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Where this Law provides otherwise, follow those provisions.

First, it is judged from the subjective wishes of the participants;

The active participants have a strong desire to participate and are subjectively vicious, aiming to actively promote the progress of the brawl in order to protect the personal interests of the ringleaders, which is different from the participants who passively participate in it because of their friendships, and also different from the participants who are coerced by chance. For example, Fan and Guo in the case, in terms of their subjective wishes, did not have a strong initiative to participate in the fight, nor did they have a strong desire, but they only intervened due to friendship or accidental factors, and they did not give advice to the ringleaders before and after the saddle, nor did they actively promote the progress of the situation in various directions, which shows that their subjective desire to participate is relatively cold, and their subjective malice is extremely minor.

secondly, judging from the behavior or role of the participants;

Active participants will generally participate in the entire crowd brawl and, in most cases, will be able to assist the ringleader in the overall planning of the crowd brawl or take the lead in the brawl. Unlike ordinary participants, who only participate in some preparatory or auxiliary sexual acts. The behavior and role of the two in a brawl are completely different.

In other words, active participants lead by example through their own positive behavior, while ordinary participants are passive and slack off, at most they play a role in building momentum. For example, Fan in the case only brought the tools to the scene of the crime, and then waited for the opportunity to return, Fan's behavior and role were very small.

Again, judging from the harmful consequences.

The active participants often have a direct relationship with the victim's **, or the active participant is often the perpetrator who directly caused the victim's **. However, the general participants often do not participate in the brawl, and the harmful consequences of causing the victim will not occur.

1. How to punish people who are slightly injured in a fight.

The so-called crime of assembling a crowd to fight refers to the conduct of the perpetrator of the crime to wantonly disrupt social order and organize, plan, direct, or actively participate in a crowd brawl because of psychological motives such as fighting for hegemony or revenge. According to article 292 of the Criminal Law of the People's Republic of China, the Criminal Law only punishes the ringleaders and active participants in the brawl of a crowd, and does not impose criminal penalties on ordinary participants.

Reference points for statutory base sentences of up to three years imprisonment, short-term detention, and controlled release:

Where a crowd is assembled to fight once, and the number of participants is small, there are no minor injuries, and the social impact is small, the ringleader is sentenced to one year imprisonment, and the active participants are sentenced to short-term detention or controlled release; The sentence is increased by six months for each increase in the number of fights; For each additional minor injury, the sentence is increased by six months to one year, depending on the degree of injury; The sentence is increased by two months for each additional minor injury. where there is a larger social impact, the sentence is increased by six months or the type of sentence is upgraded.

Reference point for the statutory base sentence of between 3 and 10 years imprisonment:

In any of the four circumstances provided for in paragraph 1 of Criminal Law article 292, it is three years imprisonment, and the sentence is increased by one year for each additional circumstance (including the same circumstances); For each additional minor injury, the sentence is increased by six months to one year, depending on the degree of injury; For each additional minor injury, the sentence is increased by three months.