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Participating in the brawl but not doing it is not a crime and will not be held legally responsible.
Target. However, if it constitutes the crime of assembling a crowd to fight.
If there is evidence of being a ringleader or active participant, it should also be under the Criminal Code.
Article 292 stipulates that conviction and sentencing shall be for the crime of assembling a crowd to fight.
Legal basis] Article 292 of the Criminal Law, where a crowd is assembled to fight, the ringleaders and others who actively participate in it shall be sentenced to fixed-term imprisonment of not more than three years, 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.
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Your good friend told you to fight, you must not participate, it is not right for others to fight, if you hurt someone else, you participate, you also have to compensate others for the cost. If someone tells you to fight, don't get involved in such a thing in the future, this time it's good that you didn't do it, and if you didn't do it, it means that you didn't hurt others.
You are not responsible, and if someone makes a move and injures someone else, you will have to compensate for the cost of medical damages. Don't get involved in such things in the future, follow the bad guys and learn badly, you must be a sensible person, when others tell you to go, you just say that you can't leave and say sorry to him, so that you refuse others, and you will have less plausible things.
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Hello, it should be dealt with in accordance with the relevant provisions of the "Public Security Administration Punishment Law".
In the case of a civil tort, the losses caused to the victim should be shared by those involved in the fight.
If you can prove that you did not do it, you can be relieved of your liability.
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He may understand you, but most of the time, he will laugh at you, laugh at you for being cowardly, laugh at you for not being brave enough, like you are not righteous or something, in fact, it is not very important.
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Although you didn't do it, if you really broke the law, then you are also an accomplice, so well, although you are not the main offender, you will also be punished by the law.
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As long as you don't do it, then you are not responsible. But when they fight, you don't persuade them to watch the excitement from the side, which is also wrong, but they will not be punished.
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If you don't do it, but you are involved in such a thing, you must be a very light one and a very light punishment.
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If it's a crowd fight, even if you stand by and don't do anything, you will be treated as involved.
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Then this matter has nothing to do with you. You don't have to be held responsible. In reality, you are just a bystander. Don't worry too much about anything.
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Friends tell you to go to fight, you go but don't do it, you will be dealt with with persuasion education.
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Although you and your friends were involved in the fight, you were not involved in the fight, so the punishment should not be too large.
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This may be due to a certain relationship that will not be done with you, because everyone knows the relationship of the law.
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Legal analysis: If you go to fight but don't do it, whether you are responsible or not, and analyze the specific issues on a case-by-case basis. If the duty of dissuasion has been fulfilled, there is no responsibility; Otherwise, there is responsibility.
Under normal circumstances, those who participate in a fight but do not do so are also treated as accomplices, and such a thing must be seen in terms of the harm caused to the person being beaten.
Legal basis: Article 25 of the Criminal Law of the People's Republic of China: 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.
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Hello, depending on the situation, if you just participated and did not do it, but there is no evidence to prove that you did not do it, it will be dealt with as a hands-on treatment, that is, it is the same crime as the beater. If there is evidence that you did not do it, it is also a crime, but it is much lighter than other people's punishment. Legal basis:
Criminal Law of the People's Republic of China》 Article 234 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.
Questions. Some of my friends were fighting, I accidentally saw them fighting, I stood next to them and didn't do anything.
You're just a spectator, and you're not participating! Just explain the situation.
Questions. But when I went to play with them, I met someone they were fighting, and then they had a fight, and I was there, but neither side fought.
However, there was no actual conflict and there would be no division of criminal responsibility.
Questions. But even if I was there, the police station was going to tell me to go.
Just notify you to go, the police will judge according to the surveillance, as long as you don't do it, there will be no detention! Make a note and leave.
Questions. Why didn't the police come looking for me in the first place, but it took more than three months to come to me?
It's because someone must be suing you again!
Questions. So how do I fix it.
You just need to go to the police station and explain the actual situation clearly! And you can record it against the evidence!
Questions. Thank you.
You're welcome, and I wish you a happy life.
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Summary. In general, if you do not participate in a fight, you do not bear legal responsibility, but if you help the beater to watch the wind, direct, or even actively instigate the planning, it is a joint crime and criminal responsibility must be pursued. Or after the fight, the victim is dying and we have not fulfilled the basic medical treatment obligation, which may also constitute civil tort liability.
In general, if you do not participate in a fight, you do not bear legal responsibility, but if you help the beater to watch the wind, command, or even actively instigate the plot, it is a joint crime and criminal responsibility must be investigated. Or after the fight, if the victim is dying and we fail to fulfill the basic treatment obligation, it may also constitute a civil tort.
Even if they don't pick quarrels and provoke trouble, as long as they are present and participate in Bixiao, they may be investigated for criminal responsibility. If you know that you go to fight together, or participate in the organization and planning, although you do not do it, you may also be held criminally responsible.
At that time, it was a friend's death, and when I went to the restaurant, I went to the bathroom, and they started fighting, and I came out and it was over, and I didn't know the whole process.
Ask about custom messages].
Generally speaking, it's okay if you're not present and completely unaware.
If you need to investigate, explain the situation to the police.
The hotel should have surveillance.
Should be able to give you proof.
You have evidence of an alibi.
But what to do with this kind of thing that he has already been on the file.
Look for evidence that you are not present.
Go to the restaurant and find the manager.
Call up monitoring. Or if there is a waiter, other guests, etc. (not your friend's) to testify against you.
Something like that kind of guarantor.
It's just that the guarantee has nothing to do with you at all.
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Legal analysis: It is a civil dispute that is investigated and dealt with by **, the fight can be reported to the police, and the compensation for the injury caused by the two parties can be resolved through negotiation. If a minor injury is caused to another person, it is a public security case, and the beater may be fined or detained.
If it causes minor injuries to others, it is a criminal case, and the person who hit the person may be held criminally responsible.
Legal basis: Civil Code of the People's Republic of China
Article 1002:Natural persons enjoy the right to life. The safety and dignity of natural persons are protected by law. The right to life of others must not be infringed upon by any organization or individual.
Article 1003:Natural persons enjoy the right to the body. The physical integrity and freedom of movement of natural persons are protected by law. No organization or individual may infringe upon the physical rights of others.
Article 1004: Natural persons enjoy the right to health. The physical and mental health of natural persons is protected by law. The right to health of others must not be infringed upon by any organization or individual.
Article 1011: Where methods such as illegal detention deprive or restrict others' freedom of movement, or illegally search others' bodies, the victim has the right to request that the perpetrator bear civil liability in accordance with law.
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My friend told me to fight, and I went, but I didn't do anything, what would they do with me?
Participating in the brawl but not doing it is not a crime and will not be held legally responsible. However, if the crime of assembling a crowd to fight is constituted, and there is evidence to prove that he is the ringleader or active participant, he shall also be convicted and sentenced for the crime of assembling a crowd to fight in accordance with article 292 of the Criminal Law. However, it is worth noting that if a friend wants to fight in the back, it is better for you to stay away, the cost of crime is very high now, I hope mine can help you!
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