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Article 234 of the Criminal Law of the People's Republic of China stipulates that anyone who 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. and where serious injury is caused, the sentence is to be fixed-term imprisonment of not less than 3 years but not more than 10 years. Whoever causes death or seriously injures a person by special means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
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 for other improper purposes, disrupting public order.
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:
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.
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He will definitely go to jail, and as for how many years, it depends on the court's verdict, and the worst is the crime of intentional injury, and the light is excessive defense, and he will also bear a certain amount of responsibility.
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This is definitely not excessive defense, it belongs to gathering a crowd to fight, and no matter who cut that person, your brother is the main culprit, and the sentence is certain, as for how many years to be sentenced, it depends on the person's injuries and the specific circumstances at the time
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Gathering a crowd to fight and intentionally injuring people will of course go to jail to see how badly the enemy has been injured.
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Violating the criminal law is a crime of assembling a crowd to fight, and whether or not to go to prison and for how long must be decided according to the specific factors at the time and various subjective and objective conditions.
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Whether it is an intentional injury depends on the injury of the other person.
In addition, if the opponent takes the initiative to attack, it can be seen as a defensive act.
If the opponent attacks with a knife first, it may be judged that it is justified defense.
But there is little hope, don't give too much hope.
If the other party is a minor injury, the problem is not too big.
Serious injuries may be more serious.
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If the victim of a minor injury is prosecuted to the court, he will be investigated for criminal liability.
Of course, this minor injury must pass the judicial appraisal and be identified as a minor injury. Criminal liability is not only imprisonment, but also the possibility of being sentenced to controlled release and fines. If the case is minor, it is possible that the prosecution will not be prosecuted if it is handled appropriately.
Legal basis: Criminal Law of the People's Republic of China.
Article 42: The period of short-term detention is between one month and six months.
Article 43: Criminals sentenced to short-term detention are to be sentenced to short-term detention by the public security organs.
Execute nearby. During the execution period, criminals sentenced to detention can go home for one to two days a month; Those who participate in labor may be paid remuneration at their discretion.
Article 44: The term of short-term detention is calculated from the date on which the judgment is enforced; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by one day for each day of detention.
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Jail is not required to be sentenced to probation. Because the convict who has been sentenced to probation should receive community corrections in accordance with the law in the community where he or she lives during the probation period, this means that the offender who has been sentenced to probation is not serving his sentence in prison or other places, so he does not need to go to jail if he is sentenced to probation.
Article 72 of the Criminal Law: Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if the following conditions are met at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75: (1) The circumstances of the crime are relatively minor; (2) Showing remorse; (3) There is no risk of recidivism; (4) The suspended sentence is declared to have no major adverse impact on the community in which they reside. The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence.
If a suspended sentence is given, the additional sentence must still be enforced. Article 76: Community corrections are to be carried out in accordance with law for criminals who have been given a suspended sentence during the probationary period of the suspended sentence, and if there are no circumstances provided for in article 77 of this Law, the probationary period of the suspended sentence is completed, and the original sentence is not to be enforced, and a public announcement is to be made.
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If you don't commit a crime, you may go to jail There are still unjust and wrongful convictions.
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That's of course, or it's not very punitive.
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No one wants to choose that point of no return?! ...
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I don't know, you go in and try it.
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Legal Analysis: Serving a prison sentence is commonly referred to as "going to jail" in society. What is it like to go to prison, to go to jail is to be sentenced to a term of imprisonment, and a prison sentence is a kind of imprisonment in the penalty. The so-called "imprisonment" means being detained in accordance with the law and undergoing labor reform in prison.
Legal basis: Article 45 of the Criminal Law of the People's Republic of China The term of fixed-term imprisonment is between 6 months and 15 years, except as provided for in articles 50 and 69 of this Law.
Article 46: Criminals sentenced to fixed-term imprisonment or indefinite imprisonment are to be served in prisons or other places of enforcement; Anyone who has the ability to work should participate in labor and receive education and reform.
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