Assault on each other, difference between assaulting others and assaulting each other

A distinction should be made between a public security case and a criminal case based on the specific circumstances, and then convicted and punished in accordance with the Public Security Administration Punishment Law or the Criminal Law.

In accordance with the Law of the People's Republic of China 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.

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) 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.

According to Article 292 of the Criminal Law [Crime of Assembling a Crowd to Fight] Those who assemble 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:

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.

Article 234:Whoever intentionally injures the body of another person shall be sentenced to up to three years imprisonment, 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.

After he beats you, he leaves, and if you hit him again, it is not justified defense, and justified defense must be that the unlawful infringement is ongoing, that is to say, he is beating you, infringing on your rights, and he is gone, and the illegal infringement is over, so your behavior cannot be regarded as legitimate defense, and can be characterized as fighting each other.

In such cases, there is generally a mutual assault, and there is generally no question of legitimate defense. And you were a retaliatory strike at the time, and it was certainly not a legal defense.

Generally, if there are no serious consequences, the police will arrest the two of you and punish them (detention, fines, or criticism and education). If one of the two of you has more than minor injuries, then the police will arrest the person and may refer them to the prosecutor's office for intentional injury prosecution.

The police can also preside over the settlement (if the consequences are not serious), but this settlement can be reversed, and after repentance, you can only go to the court to sue for medical compensation, etc.

It's nothing, just defense, but if you hit it badly, it's too much defense, depending on what the public security organs do.

Recently, the Olympics have been severe.

1. Mutual Europe is an act that both sides beat each other, both parties are breaking the law, and both parties are legally responsible for the harm caused to each other, which is condemned and punished by the law.

2. "Assault on others" refers to the perpetrator's blatant assault that harms the physical health of others. Behaviour usually involves punching or kicking, or beating others with sticks and other instruments. Assaulting another person is an offense, that is, as long as there is evidence to prove that the perpetrator committed the act of assaulting others, regardless of whether or not it caused the victim to be injured in the file, he shall be punished by the administration of public security.

The manner of the beating, the location of the conduct, and the severity of the injuries shall be considered as mitigating or aggravating circumstances.

From this, it can be seen that the two sides beat each other, and both sides are illegal; "Assault" refers to the perpetrator's blatant assault that harms the physical health of others.

Legal basis

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

Article 9. The public security organs may mediate and handle violations of the administration of public security such as fights or damage to other people's property caused by civil disputes, where the circumstances of filial piety are relatively minor. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.

Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.

Legal analysis: Mutual Europe is an act that both sides beat each other, both parties are illegal, and both parties must bear legal responsibility for the harm caused to each other, which is condemned and punished by the law; "Assault on others" refers to the perpetrator's blatant assault that harms the physical health of others.

Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 9: Where there are more minor violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, the public security organs may mediate and handle it. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.

Where an agreement is not reached after mediation, or an agreement is not performed after reaching an agreement, the public security organs shall punish the violator of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may file a civil lawsuit with the people's court in accordance with law regarding the civil dispute.

Mutual Europe is an act that both sides beat each other, and the losing side of the double radical brigade is illegal, and both must bear legal responsibility for the harm caused to each other, which is condemned and punished by the law; "Assault on others" refers to the perpetrator's blatant act of beating others that harms the physical health of others. Legal basis: Article 9 of the Law of the People's Republic of China on Public Security Administration Punishments clearly states that violations of the administration of public security such as fights or damage to other people's property caused by civil disputes.

Legal analysis is swift and simple:

Mutual Europe is an act that both sides beat each other, both sides are illegal, and both have to bear legal responsibility for the harm caused to each other, which is condemned and punished by the law; "Assault" refers to the perpetrator's blatant assault that harms the physical health of others.

Legal basis: Law of the People's Republic of China on Public Security Administration Punishments Article 9: Where violations of the administration of public security such as fights or damage to other people's property caused by civil disputes are relatively minor, the public security organs may mediate and handle them. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.

Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall, in accordance with the provisions of this Law, punish the perpetrators who violate the management of public security, and inform the parties that they may file a civil lawsuit with the people's court in accordance with law regarding the civil dispute.