How to judge the crime of the gang, and how to convict the crime of the gang

In real life, many criminal offenses are joint crimes, and some even belong to gang crimes, gang crimes pose a serious danger to social public safety and citizens' property security. Let me answer the relevant knowledge for you. Legally, there is no mandatory requirement on whether joint criminal cases must be tried together.

Therefore, in court trial practice, whether or not a joint crime is tried together is often decided by the judge and the actual circumstances of the case. Under normal circumstances, where cases of joint crimes can be tried together, they will be tried together, so that it will be easier to ascertain the facts, and when necessary, it will also be convenient to confront each other, and it is usually more economical to save judicial resources and reduce the burden of litigation, at least the judicial officer does not need to hold many court sessions on the same case. Of course, due to various reasons such as the failure of the criminal suspects to be arrested at the same time, the involvement of juvenile offenders, and other reasons, the judicial officer can separately try the criminal suspects in the joint crime case.

Legal basis: Article 222 of the Criminal Procedure Law of the People's Republic of China: The second-instance people's court shall conduct a comprehensive review of the facts ascertained in the first-instance judgment and the applicable law, and is not restricted by the scope of appeals or prosecutorial counter-appeals. Where only some of the defendants appeal in cases of joint crimes, the entire case shall be reviewed and handled together.

Legal Analysis: Conviction based on the specific circumstances of the crime. In the course of gang crimes, those who organize or lead criminal groups to carry out criminal activities are the main offenders.

The ringleaders who organize or lead a criminal group are to be punished in accordance with all the crimes committed by the group. Other accomplices who play a secondary or auxiliary role shall be given a mitigated or commuted punishment or waived punishment.

Legal basis: Criminal Law of the People's Republic of China

Article 26: Those who organize or lead criminal groups to carry out criminal activities, or who play a major role in joint crimes, are the principal offenders. A relatively fixed criminal organization formed by three or more persons for the purpose of jointly committing a crime is a criminal group. The ringleaders who are suspected of organizing or leading a criminal syndicate are to be punished in accordance with all the crimes committed by the syndicate.

Principal offenders other than those provided for in paragraph 3 shall be punished in accordance with all crimes in which they participated, organized, or directed.

Article 27: Those who play a secondary or auxiliary role in a joint crime are accomplices. For accomplices, punishment shall be mitigated, commuted, or waived.

Legal analysisWhere a crime committed by a gang constitutes a crime, it is a joint crime, and all gang members shall bear criminal responsibility. As for the specific sentencing of individuals in the gang, it should be considered from the role they played in the joint crime: 1. The principal offender shall be punished in accordance with all the crimes in which he participated, organized, or directed.

2. For accomplices, punishment shall be mitigated, commuted, or waived. 3. For coerced accomplices, punishment shall be commuted or waived in accordance with the circumstances of the party's crime. Criminal gangs refer to:

1. There are more than two people, and the important members are fixed or basically fixed; 2. Frequently gather together to carry out one or more serious criminal activities; 3. Premeditated criminal activities; 4. Regardless of the number of crimes, the harm caused to society or the danger it has is very serious; 5. There is an obvious primary molecule. Some of the leaders are formed in the process of the assembly, and some of the leaders are the organizers and leaders at the beginning of the assembly.

Legal basisCriminal Law of the People's Republic of China》 Article 25: Joint crime refers to two or more persons committing a joint intentional crime. Where two or more persons commit a crime of joint negligence, it is not to be treated as a joint crime; Those who shall bear criminal responsibility are to be punished separately according to the crimes they committed.