The result of such a crowd of brawlers? Cases of crowd fighting

The crime of assembling a crowd to fight refers to the act of assembling a group of people to fight each other in a gang for the purpose of taking revenge on others, fighting for hegemony, or other improper purposes, thereby disrupting public order.

China's criminal law stipulates that the crime of assembling a crowd to fight can only be constituted if there are more than three people on both sides, but in current judicial practice, as long as one party is more than three people, it also constitutes the crime of assembling a crowd to fight. Gathering a crowd to fight is an act offense, that is, whether you hit or don't hurt someone, as long as you have the act of gathering a crowd or fighting, it is enough to be guilty. The people you mentioned, as long as they all do it, will definitely constitute the crime of assembling a crowd to fight.

In addition, the Criminal Law stipulates that if a person is seriously injured or killed by a crowd fight, it shall be punished as the crime of intentional injury (serious injury) and intentional homicide.

There is also the issue of the division of responsibility, if it can be distinguished who injured or killed someone, then this person is punished according to the crime of intentional injury (serious injury) and intentional homicide, and the other person is punished according to the crime of assembling a crowd to fight; If you can't distinguish the responsibility, and you do it again, then you will be punished for the crime of intentional injury (serious injury) and the crime of intentional homicide. If the people you said about running also did it, then it depends on the situation above.

Those who have a criminal record are called recidivists, and in accordance with the provisions of the Criminal Law, they are given a heavier punishment within the scope of the statutory punishment, of course, if they have completed the execution of their criminal punishment for five years, they are not recidivists, but they are still given a heavier punishment. If the driver knows in advance that they are going to fight, it also constitutes a joint crime and still bears criminal responsibility. If you don't know, it's fine.

Also, let's not talk about the dead, the person who killed him must bear criminal responsibility and civil compensation for it; If he is injured, others should bear criminal responsibility and civil compensation for his injuries, but if he also beats someone, even if he is cheering on the side, he should also bear the corresponding responsibility, and will not be exempted from the corresponding responsibility because he was injured.

The so-called joint crime refers to the principle of criminal responsibility for two or more persons who jointly commit an intentional crime and commit a joint crime: full responsibility for part of the act.

Those who participated and ran away constituted the crime of assembling a crowd to fight, and those who drove should have no problem if they knew that it was a fight and were friends, constituting an accomplice. Crimes with a criminal record shall be punished heavily.

If you are prosecuted and sentenced for violating the criminal law, you will have a criminal record. Intentional injury.

Legal Analysis: 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 in order to take revenge on others, fight for hegemony, or other improper purposes.

Legal basis: Article 292 of the Criminal Law of the People's Republic of China 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 in order to take revenge on others, fight for hegemony, or for other improper purposes.

Legal Analysis: 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.

Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" 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 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.

Criminal Law of the People's Republic of China" Article 292 Where a crowd is assembled 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 heinous social impact; (3) Gathering crowds to fight in public places or on major transportation routes, causing serious disorder in social order; (4) Assembling a crowd to fight with weapons.

Hello, since you are under the age of 18 and you are a first-time offender, you can be punished lightly. However, it depends on the circumstances to see if the other party's injuries are serious or not, and whether you have the victim's forgiveness. It is generally necessary to assemble a crowd to fight on the basis of Criminal Law article 292 [Crime of assembling a crowd to fight], and 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 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 on the Annihilation of the Jing clan;

(3) Gathering crowds to fight in public places or on major transportation routes, causing serious disorder in social order;

(4) Assembling a crowd to fight with weapons.

Where a crowd is gathered to fight and beat up, causing serious injury or death, it is to be convicted and punished in accordance with the provisions of articles 234 and 132 of the second draft of this Law.

As long as both parties are not seriously injured, they are generally detained for a few days or fined some money, and there is no need to bear criminal responsibility.

Punishment for the crime of assembling a crowd to fight Whoever commits the crime of assembling a crowd to fight shall 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 heinous social impact; (3) Gathering crowds to fight in public places or on major transportation routes, causing serious disorder in social order; (4) Assembling a crowd to fight with weapons.

You can give you feedback on your husband's condition through a lawyer meeting with your husband.

You can reach a civil settlement with the other party, so you don't have to go to jail

It shouldn't be easy to deal with! I have a friend who is also in, and he can't handle it if he wants to!

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:

Release on guarantee pending further investigation may be submitted by family members or may hire a lawyer to assist in the application, and the case-handling organ shall make a decision on whether to approve release on guarantee pending further investigation after review.

The food and accommodation in the detention center or public security hospital will definitely not be very good, but it will not be very bad, remember to send him some money (about 500-1000 yuan a month).

It is recommended to entrust a lawyer to the public security bureau to understand the nature of the case, if it is related to gangsters, it will be more troublesome.

Article 292 of the Criminal Law Whoever assembles a crowd to fight, and other active participants, 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) Qin Xiao, who has gathered to fight many times;

(2) Gathering a crowd to brawl with a large number of people, a large scale, and a heinous social impact;

(3) Gathering crowds to fight in public places or on major transportation routes, causing serious disorder in social order;

(4) Assembling a crowd to fight with weapons.

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 the death of a person or causes serious injury to a person by especially cruel means and causes serious disability, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where this Law provides otherwise, follow those provisions.

Article 232:Whoever intentionally kills a person shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.

Those who assemble a crowd to fight, causing serious injury or death, are convicted and punished as the crimes of intentional injury and intentional homicide, respectively, and if the circumstances are serious, they may be sentenced to death.

It is handled as the crime of intentional injury, and if the main offender can be found (the person with the heaviest knife under the barrel), the principal offender will be sentenced heavily, and the rest will be reduced. Regardless of who the bucket is, regardless of the principal and accessory offenders, they will be dealt with as the crime of intentional injury causing serious injury. It's hard to say exactly how many years.

But you're the main offender, if you're an adult, if the other person is tough, at least eight years or more.

Look for evidence first. Prove that the other party is the principal offender.

We were forced to defend ourselves.

Then ask the court to sentence them.

After that, you should hide quickly, and don't let him crack down on you for your pretense.

Article 43 of the Law on the Punishment of Public Security Administration stipulates: "Anyone who 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) Gang up to beat or injure others; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time. In the event of a fight, after the public security organ finds it, it will be punished according to the above provisions.