How many days are detained in accordance with the penalty provisions for fights and brawls?

Updated on society 2024-03-15
13 answers
  1. Anonymous users2024-02-06

    Injuries caused by fights and brawls are generally subject to administrative detention for up to 10 days.

    Article 43 of the Public Security Administration Punishment Law: Whoever assaults another person, or intentionally harms another person's body, is to be detained for not less than 5 days but not more than 10 days, and is also fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

    1) Gang up to beat or injure others;

    2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

    3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

  2. Anonymous users2024-02-05

    According to the relevant laws and regulations of our country, where the perpetrator assaults others, or intentionally harms the physical health of others, but does not cause the victim to be slightly injured or injured, it does not constitute the crime of intentional injury under the Criminal Law, but he is still subject to administrative detention, and will be detained for not less than 5 days but not more than 10 days, and fined between 200 and 500 yuan, and if there are relatively minor circumstances, he will be sentenced to up to 5 days of detention or a fine of not more than 500 yuan.

    Legal basis: According to Article 43 of the "Public Security Administration Punishment Law": Whoever beats another person, or intentionally harms the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

    In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB: (1) Forming a group to beat or injure others; 2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60; (3) Repeatedly beating or injuring others; If more than minor injuries are caused, the crime of intentional injury is constituted. According to the relevant laws and regulations of our country, where the perpetrator assaults others, or intentionally harms the physical health of others, but does not cause the victim to be slightly injured or injured, it does not constitute the crime of intentional injury under the Criminal Law, but he is still subject to administrative detention, and will be detained for not less than 5 days but not more than 10 days, and fined between 200 and 500 yuan, and if there are relatively minor circumstances, he will be sentenced to up to 5 days of detention or a fine of not more than 500 yuan.

    Legal basis: According to Article 43 of the "Public Security Administration Punishment Law": Whoever beats another person, or intentionally harms the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

    In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB: (1) Forming a group to beat or injure others; 2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60; (3) Repeatedly beating or injuring others; If more than minor injuries are caused, the crime of intentional injury is constituted.

  3. Anonymous users2024-02-04

    Those who exhibit any of the following conduct are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB: gangs fighting; chasing or intercepting others; forcibly taking or arbitrarily destroying or occupying public or private property; Other acts of picking quarrels and provoking trouble.

  4. Anonymous users2024-02-03

    Legal analysis: Detention in a fight is a public security punishment, and the detention is generally 15 days, and those who assault others according to Article 4 of the Regulations on the Punishment of Public Security Officers and Servants, or intentionally injure others, shall be detained for not less than 5 days but not more than 10 days, and shall be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

    Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 26: Anyone who commits any of the following acts shall be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB

    1) Gang fighting;

    2) Chasing or intercepting others;

    3) Forcibly taking or arbitrarily destroying or occupying public or private property;

    4) Other acts of picking quarrels and provoking trouble.

  5. Anonymous users2024-02-02

    The punishment for fighting and brawl stipulates a rough base detention for a few days? Injuries caused by fights and brawls are generally subject to administrative detention for up to 10 days. The legal basis is as follows: Article 43 of the "Public Security Administration Punishment Law": Whoever beats Duan Yan and beats another person, or intentionally harms the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

    In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB: (1) Forming a group to beat or injure others; 2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60; 3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

    To sum up, a person who fights and brawls will be detained for not less than 5 days but not more than 10 days, and fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. I hope that you will obey the law and refrain from committing crimes.

  6. Anonymous users2024-02-01

    Legal Analysis: Detention for fighting is a public security punishment, and the detention is generally 15 days, and those who assault others according to Article 43 of the Public Security Punishment Regulations, or intentionally injure others, are to be detained for not less than 5 days but not more than 10 days, and a fine of not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

    Legal basis: Law of the People's Republic of China on Public Security Administration Punishments Article 26 Anyone who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may be fined 500 yuan concurrently; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB

    1) Gang fighting;

    2) Chasing or intercepting others;

    3) Forcibly taking or arbitrarily destroying or occupying public or private property;

    4) Other acts of picking quarrels and provoking trouble.

  7. Anonymous users2024-01-31

    Anyone who assaults another person or intentionally injures another person in accordance with Article 43 of the Public Security Punishment Regulations shall be detained for not less than 5 days but not more than 10 days and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB: (1) Forming a group to beat or injure others; 2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60; 3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

    You can find a guarantor and pay a security deposit to avoid public security detention. 2. The duration of detention is generally a few days The duration of detention cannot be generalized. The determination of the duration of detention depends first and foremost on the nature of the detention.

    According to the laws and regulations of our country, there are three types of detention: administrative detention, criminal detention, and detention under the law of the division. Duration of administrative detention:

    1--15 days, minimum 1 day, maximum 15 days. However, detention is imposed for multiple violations of administrative law, which may exceed 15 days after the combination. Duration of criminal detention:

    Generally, it is 7 days, and the time taken to apply for approval of arrest may reach 14 days. If the case is major and complicated, it may be extended to 30 days, and the time for reporting for approval of arrest may reach 37 days. Duration of judicial detention:

    Generally, it is 1-15 days. Article 26 of the "Public Security Administration Punishment Law" provides that anyone who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB: (1) Gang fighting; 2) Chasing or intercepting others; 3) Forcibly taking or arbitrarily destroying or occupying public or private property; 4) Other acts of picking quarrels and provoking trouble.

  8. Anonymous users2024-01-30

    Fights and brawls are a common problem in our daily life, and the reason for fights and brawls may be just a moment of youthful vigor and vigor, talking about "righteousness in the rivers and lakes", but in this act, they have been hurt by each other, and the punishment is indeed very complicated, which constitutes a public security violation at least and a violation of the criminal law at worst. The penalties for fighting include that if the injury is minor, you will not face criminal penalties; If you cause minor injuries, you could face up to three years in prison, detention, or public surveillance. Minor injuries:

    Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. If the injury is more than minor, it may also be suspected of intentional injury. Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release.

    where serious injury is caused, the sentence is between three and ten years imprisonment; Anyone who causes death or seriously injures a person by particularly cruel means and causes serious disability will face fixed-term imprisonment of not less than 10 years, life imprisonment or even the death penalty. Legal basis: Article 43 of the "Public Security Administration Punishment Law of the People's Republic of China" Whoever assaults another person, or intentionally injures the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined between 200 and 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

  9. Anonymous users2024-01-29

    in case of fighting, they are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

    In accordance with the Law on Public Security Administration Punishments

    Article 43: Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

    1) Gang up to beat or injure others;

    2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

    3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

  10. Anonymous users2024-01-28

    Fights are also known as crowd fights, and the punishment for them is generally five to fifteen days of detention.

    According to Article 43 of the "Public Security Administration Punishment Law of the People's Republic of China", "whoever assaults another person, or intentionally injures the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

    1) Gang up to beat or injure others;

    2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

    3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time. ”

  11. Anonymous users2024-01-27

    Injuries caused by fights and brawls are generally subject to administrative detention for up to 10 days.

    According to Article 43 of the "Public Security Administration Punishment Law": Whoever assaults another person, or intentionally injures the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB

    1. Ganging up to beat or injure others;

    2. Assaulting or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60;

    3. Assaulting or injuring others multiple times, or beating or injuring multiple people at one time.

  12. Anonymous users2024-01-26

    Article 43 of the Public Security Administration Punishment Law: Whoever assaults another person, or intentionally harms another person's body, is to be detained for not less than 5 days but not more than 10 days, and is also fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

    The Law of the People's Republic of China on Public Security Administration Penalties was adopted at the 29th meeting of the Standing Committee of the Eleventh National People's Congress on October 26, 2012, and amended by Order No. 67 of the President of the People's Republic of China on October 26, 2012. It will come into force on January 1, 2013.

    The Law on Public Security Administration Penalties is divided into 6 chapters and 119 articles, including general provisions, types and applications of punishments, and violations of public security administration and penalties. The Law of the People's Republic of China on Public Security Administration Penalties is aimed at maintaining public order, ensuring public safety, and protecting the legitimate rights and interests of citizens, legal persons and other organizations.

  13. Anonymous users2024-01-25

    Under normal circumstances, administrative punishment is carried out in accordance with the public security management regulations, but if it causes serious injury or death, it constitutes a crime, so the punishment for fighting and brawling is usually detained for a few days?

    Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

    1.ganging up to beat or injure others;

    2.Assaulting or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60;

    3.Assaulting or injuring others multiple times, or assaulting or injuring multiple people at a time.

    If more than minor injuries are caused, the crime of intentional injury is constituted and a sentence is to be imposed. Sentenced in accordance with the following provisions:

    Article 234: [Crime of Intentional Injury] Whoever intentionally injures 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.

    Two. The crime of intentional injury refers to the act of intentionally and unlawfully harming the physical health of another person. In judicial practice, attention should be paid to the following issues in the determination and punishment of this crime:

    1. The perpetrator's unlawful and intentional act of harming the physical health of another person is the key to the establishment of this crime. The following two points should be noted in this regard:

    1) The unlawfulness of the injurious act is a prerequisite for the establishment of this crime. If the act of harm is lawful, such as causing certain harm in the course of legitimate defense or emergency avoidance, it does not constitute a crime;

    2) The intentional injury of this crime must be the physical health of another person. For example, if a soldier injures himself in wartime to escape military duty, he shall be punished as the crime of self-injury in wartime in accordance with the provisions of Article 434 of the Criminal Law.

    2.The degree of harm constituting this crime is limited to three circumstances: minor injury, serious injury, or injury resulting in death. Minor injuries below minor injuries and ordinary assault do not constitute this offence.

    As for the criteria for distinguishing between serious, minor and minor injuries, the provisions of the Standards for the Appraisal of Serious Injuries and the Standards for the Appraisal of Minor Injuries (for Trial Implementation) jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice shall prevail.

    3.The age of criminal responsibility for the subject of this crime has different requirements depending on the degree of injury, and where serious injury is caused or injury results in death, the age of criminal responsibility is between 14 and 16 years old; If a person causes minor injury, he must be at least 16 years old to constitute this crime.

    4.Intentional harm that the Criminal Law clearly stipulates to be punished as other crimes shall be convicted and punished in accordance with the relevant provisions of the Criminal Law, and cannot be punished as this crime.

    5.Whoever commits this crime shall be sentenced to up to 3 years imprisonment, short-term detention or controlled release; where serious injury is caused, the sentence is between 3 and 10 years imprisonment; 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.

    Fighting is not good for your feelings, and it is also bad for yourself, so please take care of yourself.

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