Does my father s behavior count as a crowd fight? If not, what is it? How many years will it be sent

But the question is: Did the footage show your father chasing after him with an arm? If it hurts someone, it is an intentional injury. Responsibility to be pursued is to be judged according to the seriousness of the circumstances. ps: "The crime of assembling a crowd to fight is.

If the procuratorate does not approve the arrest after 37 days of criminal detention due to insufficient evidence, then the public security organ must release the person, otherwise you can go to the procuratorate or the inspector to complain, and this is not considered a brawl! This should be called defense, how can it be considered a brawl?

Crowd fights are generally punished only by the principals.

On the basis of article 292 of the Criminal Law, 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 10 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 at public venues or on major transportation routes, causing serious disruption of social order; (4) Assembling a crowd to fight with weapons.

Legal basis] Article 292 of the Criminal Law of the People's Republic of China.

Crime of assembling a crowd to fight] Where a crowd is assembled to fight, the ringleaders and others who actively participate in it 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; (Sanshikong) 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, it is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.

Sentencing for assembling a crowd to fight is to be determined on the basis of the circumstances of the offense in the conduct, and 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 in public places or on major traffic arteries to prepare for a brawl, causing serious disruption of social order;

(4) Assembling a crowd to fight with weapons.

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 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. Where a crowd is assembled to fight, causing serious injury or death, and the skin is destroyed, it is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.

Legal Analysis: Sentencing for assembling a crowd to fight is to be determined on the basis of the circumstances of the crime in the conduct, and where a crowd is assembled, 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.

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.

Where a crowd is gathered to fight and cause serious injury or death, it is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.

1. The crime of assembling a crowd to fight is constituted, and a sentence of up to three years imprisonment, short-term detention, or controlled release is to be given.

2. In any of the following circumstances, where the crime of assembling a crowd to fight is constituted, the ringleaders and others who actively participate in it 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 fight with a large number of people, a large scale, and a bad social impact;

3) Gathering crowds to fight in public places or on major traffic arteries, causing serious chaos in social order;

4) Armed crowds fighting.

1. What is the sentencing standard for the crime of assembling a crowd to fight?

1. Where a crowd is assembled to fight once, and the circumstances of the crime are ordinary, the starting sentence is one year imprisonment.

2. Where a crowd is assembled to fight once, resulting in a slight injury to one person or a larger social impact, the starting sentence is one year and six months imprisonment. For each additional minor injury, the base sentence may be increased by one month to three months; For each additional minor injury or assault by a crowd, the base sentence may be increased by three to six months.

3. In any of the following circumstances, the starting sentence is three years and six months imprisonment:

1) Gathering crowds to fight multiple times;

2) Gathering a crowd to fight with a large number of people, a large scale, and a bad social impact;

3) Gathering crowds to fight in public places or on major traffic routes, causing chaos in social order;

4) Armed crowds fighting.

For each additional circumstance or the same circumstance, the base sentence may be increased by six months. For each additional minor injury, the base sentence may be increased by one month to three months; For each additional minor injury or assault by a crowd, the base sentence may be increased by three to six months.

4. In any of the following circumstances, the base sentence may be increased by up to 20%:

1) Ringleaders of more than 10 members of one party to a crowd fight;

2) Ringleaders and active participants who gather crowds to fight and cause damage to public or private property, causing direct economic losses of relatively large amounts;

3) One of the parties involved in the brawl does not have the intention of fighting each other, but the ringleader and active participants of the other party who have the intention to fight;

4) Organizing minors to gather to fight.

5. Where the party involved in the brawl did not have the intent to fight each other before the brawl began, but the intent to brawl occurred during the course of the brawl, the base sentence may be reduced by up to 20% for the ringleaders and active participants.

Whether a person who is criminally detained for a crowd brawl will be sentenced will also be analyzed according to the specific case.

Where a crowd is assembled to fight, the ringleaders and other leaders participating in the brawl 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.

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.

The specific sentencing standards are to be judged on the basis of the degree of harm.

There is a good chance that a sentence will be imposed, and you better hire a lawyer for him immediately.

According to the provisions of the Criminal Law, 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.

What is the sentencing standard for the crime of assembling a crowd to fight?

1. Where the statutory sentence is less than three years imprisonment, short-term detention, or controlled release, and the number of participants on both sides reaches 5, 6 months to 1 year and 6 months imprisonment.

2. Where a sentence of between 3 and 10 years imprisonment is set for 3 to 10 years of assault and 3 times of crowd fighting; Gathering crowds to brawl with 20 or more people on both sides, the scale is large, and the social impact is vile; Gathering crowds to fight in public places or on major traffic routes, causing social order and disorder; Those who assemble a crowd to fight with weapons shall be sentenced to 4-5 years imprisonment.

3. On the basis of the starting sentence, increase the sentence and determine the base sentence on the basis of the number of people in the crowd fighting, the number of times, methods, consequences, and other facts of the crime that impact the establishment of the crime. In any of the following circumstances, the corresponding penalty may be increased:

1) For each additional minor injury, the sentence may be increased by 1 month to 2 months;

2) For each additional minor injury, the sentence may be increased by 3 months to 6 months;

3) Where the number of fights exceeds 3 times, the sentence may be increased by 6 months to 1 year for each additional fight;

4) If the number of people in the crowd brawl exceeds 20, the sentence may be increased by 1 to 2 months for each additional 3 people;

5) Where a crowd brawl causes traffic disorder, the sentence may be increased by 6 months to 1 year;

6) In any of the four circumstances provided for in the first paragraph of Criminal Law article 292, the sentence may be increased by 1-2 years for each additional circumstance.

4. In any of the following circumstances, the penalty may be increased or decreased accordingly:

1) Where minors are organized to gather to fight, the base sentence may be increased by up to 20%;

2) Where a crowd brawl causes damage to public or private property, the base sentence may be increased by up to 20%;

3) In the case of a crowd fight caused by a civil dispute, the base sentence can be reduced by less than 20%.

To sum up, the specific length of time to sentence mainly depends on the result, and if serious bodily harm is caused to the other party, it depends on the degree of injury, subjective intention, the cause of the dispute and the attribution of escalating responsibility.

Therefore, regardless of the place where Pang Li carried out the criminal activities of assembling a crowd to fight, Yun Xiaochi should be regarded as violating public order. The crime of assembling a crowd to fight often rises to a higher reputation, and at the same time will result in the infringement of citizens' personal rights and public and private property rights.

Provisions of the Criminal Law of the People's Republic of China.

Article 292: [Crime of Assembling a Crowd to Fight] 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; 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.

In accordance with this article (4), fixed-term imprisonment of not less than 3 years.