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Are the injured in a group fight serious? No dead people?
Even if you don't do it, you are responsible. However, it is a relatively secondary responsibility, and as long as you hide it well, it will not affect the trial of the case because of you. No matter how big the case is, as long as you don't do it and you don't get caught, you'll be fine when the case is decided.
So it is recommended that this paragraph do not use the previous ** number, and don't contact friends, don't stand the loneliness and log QQ or something.
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This offence is a typical joint crime, in which the perpetrators of a joint crime commit a criminal act that violates the criminal law, and all the perpetrators are guilty of their joint crime, regardless of the division of labour at the time the offence was committed. Need.
It should be noted that only the ringleaders and other active participants in the crowd brawl constitute the subject of the crime of assembling a crowd to fight. In accordance with the provisions of Article 36 of the "Provisions on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1)".
Fixed: "Those who organize, plan, direct, or actively participate in crowd brawls shall be prosecuted. ”
According to Article 292 of the Criminal Law of the People's Republic of China, "Whoever assembles a crowd to fight, and other ringleaders and others who actively participate, 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 ringleader and its:
Where he actively participates, he is 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.
assault, 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. "If you're a cousin.
If it is only an ordinary participant, then it does not constitute the crime of assembling a crowd to fight. However, the public security organs may, in accordance with China's "Regulations on Public Security Administration Punishments", pursue administrative responsibility for ordinary participants.
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Whoever invites is responsible, and that is called the crime of organizational leadership.
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Legal Analysis: This needs to be judged on a case-by-case basis. The fight followed but did not move, whether there is responsibility or not, the specific problem is analyzed on a case-by-case basis. If the duty of dissuasion has been fulfilled, there is no responsibility; Otherwise, there is responsibility.
The basis of the law of law guessing and balance:
Criminal Law of the People's Republic of China
Article 25: Joint crimes refer 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.
Article 26: Those who organize or lead criminal groups to carry out criminal activities, or who play a major role in joint crimes, are the principal offenders. A relatively fixed criminal organization formed by three or more persons for the purpose of jointly committing a crime is a criminal group. The ringleaders who organize and lead a criminal group are to be punished in accordance with all the crimes committed by the group.
The principal offender in a section other than the one provided for in paragraph 3 shall be punished in accordance with all the crimes in which he participated, or who organized or directed.
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Legal Analysis: Generally, pure scum will not be sentenced. However, if he is the organizer or planner behind the scenes, although he did not beat anyone, he is still suspected of gathering a crowd to fight, and he needs to be sentenced to criminal punishment.
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 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; (Sanyan pants selling) gathering crowds to fight in public places or traffic arteries, causing serious chaos in social order; (4) Assembling a crowd to fight with weapons.
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Legal Analysis: Generally no sentence will be imposed. But if it is the organizer and planner behind the scenes, although Xianyin did not beat people, he is still suspected of gathering a crowd to fight, and he needs to be sentenced.
Legal basis: Article 292 of the Criminal Law of the People's Republic of China Whoever accompanies 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 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 traffic arteries, causing serious disruption of social order;
(4) Assembling a crowd to fight with weapons.
Where a crowd is assembled to fight, causing serious injury or death, Li Pai is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this law.
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