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There is a distinction between criminal and administrative punishments for assembling a crowd to fight, and if serious consequences are caused or the other party is slightly injured, there is no doubt that they will be criminally prosecuted, and the penalties prescribed by law are: for the crime of assembling a crowd to fight, the ringleader 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 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.
If you have also participated in a brawl and have now been investigated by the police, you will definitely be punished. The key is how to prove that your behavior is relatively minor, that you are not the ringleader, that you are not an active participant. Only then will you have a chance to get a suspended sentence.
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1. Gathering a crowd to fight refers to the act of gathering people to fight each other in gangs for the purpose of taking revenge on others, fighting for hegemony, or other improper purposes, and disrupting public order. 2. Where a crime is constituted, on the basis of article 229 of the Criminal Law of the People's Republic of China, 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 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.
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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Receiving a punishment depends not only on whether you constitute a crowd fight, but also on whether you participated, the extent of your participation (organization, participation), and whether there were mitigating circumstances.
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Legal Analysis: The beaten party is also considered to gather a crowd to fight, and the crime of assembling a crowd to fight refers to the act of gathering a group of people to fight each other in order to take revenge on others, fight for hegemony or other improper purposes, and disrupt public order, and all parties are responsible.
Legal basis: Article 292 of the Criminal Law of the People's Republic of China: Where a crowd is assembled to fight, the ringleaders and others who actively participate in it 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.
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