How does the current criminal law provide for the crime of assembling a crowd to fight?

Article 292 [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.

ringleaders and others who actively participate are to be sentenced to up to three years imprisonment, short-term detention or controlled release; If the circumstances are serious, the sentence is three or more years.

Article 292 of the Criminal Law: Whoever assembles a crowd to fight shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release for the ringleaders and others who actively participate; In any of the following circumstances, the ringleaders and other active members shall 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.

I. What is Zhejiang Province's sentencing range for the crime of assembling a crowd to fight?

Where the crime of assembling a crowd to fight is established, the starting sentence may be determined within the corresponding range on the basis of the following different circumstances:

Where the circumstances of the crime are ordinary, the starting sentence may be determined within the range of 1 to 1 year and 6 months imprisonment.

In any of the following circumstances, the starting sentence may be determined within the range of 3 to 4 years imprisonment: gathering a crowd to fight three or more times; Gathering a crowd to brawl with a large number of people, a large scale, and a vile social impact; Gathering crowds to fight in public places or on major transportation routes, causing serious confusion and chaos in social order; Armed people gather to fight.

On the basis of the starting sentence, the sentence may be increased and the base sentence may be determined on the basis of the number of people, the number of times, methods, and the severity of the crime, such as the number of people gathered to fight, the methods, and the severity of the crime: for each person who is slightly injured, the sentence is increased by 2 months to 3 months; for each minor injury caused, the sentence is increased by six months to nine months; Where there are five or more people on both sides of the crowd fight, the sentence is to be increased by one month to two months for each additional three; Where there are dozens or more persons on a single party, the sentence is to be increased by one month to three months for each additional three; For each additional circumstance provided for in the first paragraph of Criminal Law article 292, the sentence is to be increased by 1 to 2 years; Other circumstances that may increase the sentence.

Where minors are gathered to fight, the base sentence is to be increased by up to 20.

II. What is the sentencing standard for minor injuries for the crime of assembling a crowd to fight?

Those who commit the crime of assembling a crowd to fight are to be sentenced to up to three years imprisonment, short-term detention or controlled release for the ringleaders and others who actively participate; 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:Gathering crowds to fight multiple times; Gathering a crowd to brawl with a large number of people, a large scale, and a vile social impact; Gathering crowds to fight in public places or on major transportation routes, causing serious disorder in social order; Armed people gather to fight.

Article 292 of the Criminal Law stipulates that a person who assembles a crowd to fight shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release for the ringleaders and other active participants; 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) Assembling a crowd to fight is large, the scale is large, and the social impact is vile; (3) Gathering crowds to fight in public places for selling sails or on major transportation routes, causing serious disruption to social order; 4) Armed crowds to fight. Where a crowd is assembled to fight, causing serious injury or death in hail, it is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.

Therefore, China has a clear provision on the crime of assembling a crowd to fight, which is in Article 292 of the Criminal Law. Generally speaking, assembling a crowd to fight is essentially a local struggle for hegemony, or some other improper purpose, deliberately forming a gang, and in this legal society, through such illegal means to protect their so-called rights and interests and justice, but if it constitutes the crime of assembling a crowd to fight, they will be punished for their ignorant behavior.

China's standard of punishment for the crime of assembling a crowd to fight is that the ringleader and others who actively participate in the crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. The crime of assembling a crowd to fight refers to the act of gathering a group of people to fight each other and disrupt public order for the purpose of taking revenge on others, fighting for hegemony, or other improper purposes.

[Legal basis].Article 292 of the Criminal Law.

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 other round-up factions who are suspected of participating in the event shall 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.