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I want to tell you that since your brother has been imprisoned for more than three months, according to the Chinese judicial system, he has been arrested 100% (the maximum detention time shall not exceed 37 days). Similarly, according to China's officialdom "system", the likelihood of an arrestee being released without a sentence is almost nil. From this point of view, it is nonsense to ask you to ransom people with money now that you have been arrested and are destined to be sentenced.
The procuratorate prosecutes you for picking quarrels and provoking troubles, and you shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release in accordance with the Criminal LawThe prosecution of intentional injury is also up to three years in prison. The courts have independent adjudication power and are not subject to interference by any unit or individual. Generally, when sentencing, the court will also start from the perspective of being conducive to the defendant's reform, according to your current situation, it will only take about a year.
But there is no probation.
Your brother must have evidence to prove that he really didn't make a move at that time, otherwise they are just accomplices, and it is not appropriate to distinguish between master and slave.
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With regard to this case, first of all, it is clear that the crime committed by the four persons is a group crime, which falls within the scope of the public security and judicial departments' key crackdowns, and each criminal suspect must be convicted and punished according to his position and role in the group.
Secondly, it is necessary to understand what crime your brother is suspected of, the crime of intentional injuryIntentional destruction of property?
Finally, no matter what kind of crime the criminal suspect is currently suspected of and what his status in the criminal group is, because the case is complex, it is necessary to entrust a professional criminal defense lawyer to deal with it as soon as possible, and strive for a favorable opportunity to minimize the loss as soon as possible
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Depending on what you say, it is possible to give a suspended sentence. It is recommended to consult in person, entrust a lawyer to intervene if necessary, and strive to come out as soon as possible.
Zongheng Legal Network-Hebei Wang Xiaojuan Law Firm-Li Qing Lawyer.
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Entrust a lawyer to intervene and provide legal assistance in accordance with the law.
Zongheng Legal Network-Hebei Jigang Law Firm-Yan Jianqiu lawyer.
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Legal Analysis: Gathering a crowd to fight is a criminal case. According to the provisions, the crime of assembling a crowd to fight refers to the act of gathering a group of people to fight each other in a gang for the purpose of retaliating against others, fighting for hegemony, or other improper purposes, thereby disrupting public order.
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.
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 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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Assembling a crowd to fight with the purpose of taking revenge on others, competing for hegemony, or other improper purposes, and disrupting public order, constitutes the crime of assembling a crowd to fight, and is a criminal offense. Criminal penalties are imposed on leading reins and other active participants.
Legal basis] Article 292 of the Criminal Law, where a crowd is assembled 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.
Where a crowd is assembled to fight and provoke, 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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Legal Analysis: In criminal cases caused by crowd fighting, criminal responsibility shall be pursued if a crime is suspected. Article 292 of the Criminal Law of the People's Republic of China stipulates that whoever assembles 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.
Legal basis: 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; 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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Legal Analysis: Sentencing for Assembling a Crowd to Fight: Whoever assembles 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; Where there are legally-prescribed 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.
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 coarse hidden bureau shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years for the first and other important members of the Zen dignitaries and other active participants:
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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Legal Analysis: The crime of assembling a crowd to fight refers to the act of gathering a group of people to fight each other and disrupt public order in order to take revenge on others, fight for hegemony, or other improper purposes.
Legal basis: 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 a group of people to fight each other and disrupt public order in order to take revenge on others, fight for hegemony, or for other improper purposes.
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Legal Analysis: 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 for other improper purposes. The crime of assembling a crowd to fight includes all the rules and order of living together that should be observed in public life, and in actual life, the crime of assembling a crowd to fight may take place in a public place, such as a park, theater, or in a more secluded private place.
Where a crowd is assembled to fight, the ringleaders and others who actively participate in it are to be sentenced to fixed-term imprisonment of not more than three years, short-term detention, or controlled release.
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 in the event shall 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 the provisions of article 264 of the Criminal Law: "Whoever steals public or private property, where the amount is relatively large or has been stolen multiple times, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property; In any of the following circumstances, a sentence of life imprisonment or death is to be given, and confiscation of property is to be given: (1) theft of financial institutions, where the amount is especially huge; (2) Theft of precious cultural relics, where the circumstances are serious. >>>More
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People's Procuratorate.
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