How long has it been since the fight and brawl incident was no longer filed

1. The maximum penalty for a fight is intentional homicide, the death penalty, and according to the provisions of the Criminal Law, the statutory maximum penalty is life imprisonment or death, after 20 years. If it is found necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval.

2. Legal basis:

1) Article 87 of the Criminal Law (1997 Amendment) [Statute of Limitations Period] Crimes will not be prosecuted after the following time periods:

1) Where the legally-prescribed maximum sentence is less than 5 years imprisonment, 5 years have elapsed;

2) Where the legally-prescribed maximum sentence is between 5 and 10 years imprisonment, 10 years have passed;

3) Where the legally-prescribed maximum sentence is 10 years or more imprisonment, 15 years have elapsed;

4) Where the statutory maximum sentence is life imprisonment or death, 20 years have elapsed. If it is found necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval.

2) Article 292 of the Criminal Law (1997 Amendment) [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.

3) Article 232 of the Criminal Law (1997 Amendment) [Intentional Homicide] Whoever intentionally kills a person shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.

The property damage is not serious, and it is basically okay if there is no **. The police don't bother to care about small things at all.

Legal analysis: six months. Article 22 of the "Public Security Administration Punishment Law" provides that if a violation of the administration of public security is not discovered by the public security organ within 6 months, the punishment shall not be given.

The time period provided for in the preceding paragraph is calculated from the date on which the violation of the administration of public security occurs; Where violations of the administration of public security are continuous or continuous, it is calculated from the date on which the conduct ends.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 6: The people's courts exercise the power to adjudicate civil cases.

The people's courts are to independently adjudicate civil cases in accordance with the provisions of law, and are not to be interfered with by administrative organs, social groups, or individuals.

Article 119:Prosecution must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 123: People's courts shall ensure that parties enjoy the right to sue in accordance with legal provisions. Prosecutions that comply with article 119 of this Law must be accepted. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.

If the fight does not rise to a criminal case, it only violates the administration of public security, and it needs to be reported within six months of the act to be effective. Article 22 of the "Law of the People's Republic of China on Punishment for Banquets and Punishments of Public Security Administration Offices" Where violations of the administration of public security are not discovered by the public security organs within six months, they are no longer to be punished. The time period provided for in the preceding paragraph is calculated from the date on which the violation of the administration of public security occurs; Where violations of the management of the Governor are continuous or continuous, it is calculated from the date on which the conduct ends.

Legal basis

Law of the People's Republic of China on Public Security Administration Punishments.

Legal analysis: There is no regulation on when the public security organs will handle a fight case after it is filed, but in practice, the police will generally organize the police to investigate the case after the case is filed.

Legal basis: Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs

Article 191: Public security organs shall promptly conduct an investigation into a criminal case that has already been filed, and comprehensively and objectively collect and collect evidence of the criminal suspect's guilt or innocence, or the severity or severity of the crime.

Article 192:After investigation, public security organs shall conduct a preliminary trial in cases where there is evidence to prove the facts of a crime, and review and verify the authenticity, legality, relevance, and probative force of the evidence materials collected or collected.

Article 193: Public security organs investigating crimes shall employ compulsory measures and investigative measures in strict accordance with the conditions and procedures prescribed by law, and it is strictly forbidden to employ compulsory measures and investigative measures against criminal suspects on the basis of suspicion without evidence.

The time limit for filing a case in a fight at a police station is generally within 30 days, and may be extended by 30 days if the case is major or complicated.

Legal basis: Article 99 of the "Public Security Administration Punishment Law of the People's Republic of China" The time limit for public security organs to handle public security cases must not exceed 30 days from the date of acceptance; Where the circumstances of the case are major or complicated, an extension of 30 days may be granted upon approval by the public security organ at the level above. For general violations of the Public Security Administration Punishment Law, the time limit for the public security organs to handle the case is 30 days, and the longest is not more than 60 days.

After a fight is filed, the case shall be closed within 2 months of acceptance, and must not exceed 3 months at the latest. Fights that may involve picking quarrels and provoking troubles and intentional harm are all public prosecution cases, and the people's courts hearing the public prosecution case shall announce the verdict within two months of accepting the case, and must not exceed three months at the latest. Article 208 of the Criminal Procedure Law: People's courts hearing public prosecution cases shall announce the verdict within 2 months of accepting the case, and must not exceed 3 months at the latest.

In cases where the death penalty might be given, or in cases with attached civil litigation, as well as in any of the circumstances provided for in article 158 of this Law, an extension of three months may be granted upon approval by the people's court at the level above; Where an extension is necessary due to special circumstances, it shall be reported to the Supreme People's Court for approval. In cases where the people's court changes jurisdiction, the time limit for trial is calculated from the date on which the changed people's court receives the case. In cases where the people's procuratorate is supplementing the investigation, after the supplementary investigation is completed and transferred to the people's court, the people's court is to recalculate the time limit for trial.

Article 99 of the Public Security Administration Punishment Law: The time limit for public security organs to handle public security cases must not exceed 30 days from the date of acceptance; Where the case is major or complicated, an extension of 30 days may be granted upon approval by the public security organ at the level above. The period for conducting evaluations in order to ascertain the facts of the case is not included in the time limit for handling public security cases.