In the armed crowd brawl, he just drove to see it, did he not do it, and was he considered an active

In the armed crowd brawl, he only drove to see and did not move, whether he was an active participant or not depends on the circumstances at the time, and the court will finally decide.

As a result, those who did not do it, but instigated, organized, or other positive behavior, are also active participants and may still be the principal offender.

The crime of abetment refers to the use of methods such as persuasion, inducement, instigation, instigation, bribery, or threat to instill one's own criminal intent into a person who does not have criminal intent, causing him to commit a crime in accordance with the instigator's criminal intent, and instigating a person constitutes a crime of abetment. The crime of abetment is characterized by the fact that the abettor does not commit the crime himself, but instigates others to carry out his own criminal intent. The instigator and the person instigated to commit the crime form an accomplice relationship, therefore, the object of the instigation by the instigator should be a person who has the capacity for criminal violations and criminal responsibility, and the instigator under the age of 14 or who is mentally ill does not constitute an accomplice relationship, and only the instigator is convicted and sentenced separately.

Here's what happened:

Although your brother did not participate in the fight, he was a joint offender, so it was inevitable that he would be punished.

As for how long the sentence will be, it depends on the consequences of the beating, your brother's consistent behavior, his attitude of pleading guilty, and so on.

Summary. If you are suspected of assembling a crowd to fight, if you are an active participant, you will be investigated for criminal responsibility in accordance with the law; If it is a general participant, it can be punished by public security. In judicial practice, the absence of hands does not mean that ordinary participants can also be organizers, so their role in the crime can only be determined after investigation.

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.

Participated in armed brawls but did not do so.

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Participated in armed brawls but did not do so.

If you are suspected of assembling a crowd to fight, if you are an active participant, you will be investigated for criminal responsibility in accordance with the law; If it is a general participant, it can be punished by public security. In judicial practice, the absence of hands does not mean that ordinary participants can also be organizers, so their role in the crime can only be determined after investigation. 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.

If you are suspected of assembling a crowd to fight, if you are an active participant, you will be investigated for criminal responsibility in accordance with the law; If it is a general participant, it can be punished by public security. In judicial practice, the absence of hands does not mean that ordinary participants can also be organizers, so their role in the crime can only be determined after investigation. 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.

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Legal Analysis: Where the parties want to gather at the scene of the crowd to fight, but do not participate in the crowd fight, they are not persons who are gathered to fight and do not bear legal responsibility.

Basis of the Law of Law Collapse: "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 in it are to be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release in any of the following circumstances, and those who actively participate in the ringleaders and others are to be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years: (1) where a crowd is gathered to fight multiple times, 2) where the number of people in the crowd brawl is large, the scale is large, and the social impact is vile, 3) where a crowd is gathered to fight in a public place or on a major traffic route, causing serious disorder in social orderArmed people gather to fight.

Legal Analysis: As long as they participate in the crime, they are suspected of constituting the crime of assembling a crowd to fight, and those who actively participate in the brawl are sentenced to up to three years imprisonment, short-term detention or controlled release. where a crime is not constituted, a public security administrative punishment is to be given, and detention is to be given between 5 and 10 days, and a fine of up to 500 RMB may be given.

The specific conviction and sentencing need to be judged on the basis of actual circumstances.

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 10 years: (1) repeatedly gathering crowds to fight; (2) Gathering a crowd to brawl with a large number of people, a large scale, and a heinous social impact; (3) Gathering crowds to fight in public places or on major transportation routes, causing serious disorder in social order; (4) Assembling a crowd to fight with weapons.

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.

Legal Analysis: Whether a crowd fight is a crime depends on the specific circumstances, and if it constitutes a crime, it will be sentenced. The crime of assembling a crowd to fight refers to the act of assembling a group of people to fight each other in a gang for the purpose of taking revenge on others, fighting for hegemony, or other improper purposes, thereby disrupting public order.

Legal basis: "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 in it are to be sentenced to up to three years imprisonment, short-term detention or controlled release before dispersing; 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 heinous social impact;

(3) Gathering crowds to fight in public places or on major transportation routes, causing serious disorder in social order;

4) Gathering a crowd to fight and dispersing the Qing Dynasty with weapons.

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.