Chinese criminal law gathers crowds to fight, is it serious to gather crowds to fight in criminal la

The key issue of this event is the qualitative issue, i.e. the cause of everyone's cause.

Fights may be punished as the crimes of intentional injury or picking quarrels and provoking trouble, and may also be characterized as public security cases.

The behavior of you and your friend in this fight was not clearly stated, so it is difficult to judge.

But at the most basic level, you must have violated the law and order punishment regulations.

Or, if the two of you are attacking each other, and the responsibilities are similar, then the most common thing is to gather a crowd to fight or pick quarrels and provoke trouble, in the absence of serious injury, half of it is a certain punishment for the main responsible person, which can be public security or criminal, and the others are generally injured separately, but they also have to pay some fines.

However, if the responsibility lies with you, then, in addition to the application of the public security administrative punishment regulations, if the circumstances are serious, you can even pursue criminal liability for intentional injury.

The punishment imposed by the police station is not obviously excessive, and the maximum administrative detention in public security cases is 15 days, if it is a criminal detention, it is not possible.

For the issue of 120,000 yuan, the police station's punishment has two purposes, one is to compensate the victim; The second is to punish you. Therefore, it is difficult to say that this money is not good, and in practice, the police station generally adopts this method to calm the situation, and it is not easy to sue it for being excessive.

A small suggestion, if the financial compensation can be afforded, and there is no misconduct or wrongdoing in the handling of the case, try not to pursue these things, it is very troublesome and difficult, this is the reality in China.

The police station does not have the authority to make a decision. If it is an act that exceeds its authority, it may apply for administrative reconsideration or file a lawsuit with the court.

Legal Analysis: Where the crowd brawl is serious, and the crowd is gathered to fight, the ringleaders and others who actively participate in it shall be sentenced to three years imprisonment, short-term detention, or controlled release. The crime of assembling 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, thereby disrupting public order.

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 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;

3) Gathering crowds to fight in public places or on major traffic routes, 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 Blocking Law.

Legal Analysis: According to 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 people to fight each other in gangs and disrupting public order in order to take revenge on others, fight for hegemony, or other improper purposes. The object of the crime of assembling a crowd to fight is the so-called public order, which should not be simply understood as order in a public place.

The crime of assembling a crowd to fight includes all the rules and order of living together that should be observed in social and public life, and in actual life, the crime of assembling a crowd to fight may be in a public place, such as a park, a movie theater, or a relatively secluded place where people with private acquaintances are involved.

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

A sentence of less than five years, and more than five years if the circumstances are serious, if you need help, call to consult.

It is three years and five years, and five years and ten years, and in serious cases

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;

Article 292 of the Criminal Law of the People's Republic of China stipulates that those who assemble 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.

For the following episodes, between three and ten years:

Gathering crowds to fight multiple times;

the number of people is large, the scale is large, and the social impact is vile;

Public places or traffic arteries, causing serious disorder in social order;

Armed people gather to fight.

Release on guarantee pending further investigation is approved for relatively minor circumstances, and only a sentence of controlled release, short-term detention, or the adoption of measures for release on guarantee pending further investigation will not cause danger to society.

Based on the above conditions, I think that the situation you mentioned is that the principal offender and the second is that he has a history of escape, so it is not suitable for release on bail pending trial, nor is it suitable for probation. The only thing you call "expenses" on the table is the cost of compensation for the injured. Other "dotting" fees, one is not on the table, and the other is that even if someone does it, this kind of "fee" is also a lion's mouth, without evidence, and the situation is different in different places, for example, if you look for Li Zhuang or Tian Wenchang and other "fishing people", generally there is no millions of yuan is not enough for lawyer fees.

Legal matters are very different, and it is not clear on the Internet, and it is most accurate for you to ask the judges or investigators who are handling the case.

1. Handling release on bail pending trial does not mean that there is no sentence;

2. Failure to apply for bail pending trial does not necessarily mean that a suspended sentence can be imposed;

3. If the crime of intentional injury causes minor injuries to the other party or gathers a crowd to fight, it shall be sentenced to fixed-term imprisonment of not more than three years, controlled release or short-term detention.

4. The economic compensation is basically consistent with the economic losses caused.

1. You may not be able to get bailed.

2. It is not necessary to be able to give a suspended sentence.

3. Negotiation of specific lawyer fees.

Guangzhou lawyer Guan Dongping.

Hello! Where the circumstances of the crime are ordinary, it may be determined within the range of up to two years imprisonment or short-term detention.

gathering a crowd to fight three times; Gathering a crowd to brawl with a large number of people, a large scale, and a vile social impact; Gathering crowds to fight in public places or on major transportation routes, causing serious disorder in social order; Armed people gather to fight. It is determined within the range of three to five years imprisonment.

Article 292 of the Criminal Law: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 vile social impact;

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

4) Armed crowds to fight.