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If it's a minor injury, you won't face criminal penalties.
If you cause minor injuries, you may face up to three years in prison, criminal detention or public surveillance.
According to Article 43 of the "Public Security Administration Punishment Law": "Whoever assaults another person, or intentionally injures another person's body, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. ”
If more than minor injuries are caused, the crime of intentional injury is constituted and a sentence is to be imposed.
Sentenced in accordance with the terms below.
Article 234:"Intentional injury" intentionally injures the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Where this Law provides otherwise, follow those provisions.
The crime of "intentional injury" refers to the act of intentionally and unlawfully harming the physical health of another person.
In judicial practice, attention should be paid to the following issues in the determination and punishment of this crime:
1. The perpetrator's unlawful and intentional act of harming the physical health of others is the key to constituting this crime.
The following two points should be noted in this regard:
1) The unlawfulness of the injurious act is a prerequisite for the establishment of this crime. If the act of harm is lawful, such as causing certain harm in the course of legitimate defense or emergency avoidance, it does not constitute a crime;
2) The intentional injury of this crime must be the physical health of another person. For example, if a soldier injures himself in wartime to escape military duty, he shall be punished as the crime of self-injury in wartime in accordance with the provisions of Article 434 of the Criminal Law.
2. The degree of injury constituting this crime is limited to three situations: minor injury, serious injury, and death resulting from injury.
Minor injuries below minor injuries and ordinary assault do not constitute this offence. As for the criteria for distinguishing between serious, minor and minor injuries, the provisions of the "Standards for the Appraisal of Serious Human Injuries" and the "Standards for the Appraisal of Minor Human Injuries (for Trial Implementation)" jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice shall be as follows:
1) The age of criminal responsibility of the subject of this crime has different requirements depending on the degree of injury, and where serious injury is caused or death is caused, the age of criminal responsibility is between 14 and 16 years old; If a person causes minor injury, he must be at least 16 years old to constitute this crime.
2) For acts of intentional harm that the Criminal Law clearly stipulates to be punished as other crimes, they shall be convicted and punished in accordance with the relevant provisions of the Criminal Law, and cannot be punished as this crime.
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It depends on the severity of the victim's injuries, if they constitute minor injuries, they will involve a criminal offense, and if they do not constitute minor injuries, they can only be dealt with as public security management.
Legal basis for the punishment of fighting brawls:
1. Article 43 of the "Public Security Administration Punishment Law": Whoever assaults another person or intentionally injures another person's body shall be detained for not less than 5 days but not more than 10 days and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB.
2. Article 234 of the Criminal Law: Whoever 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. where serious injury is caused, the sentence is between three and ten years imprisonment; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
3. Article 292 of the Criminal Law: 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.
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1. The punishment for intentionally beating others such as laughing at others is not only detention, but can also be warnings, fines, etc., and the specific punishment shall be decided by the public security organ in accordance with law. Where victims and their families feel that the public security organs are not strictly enforcing the law or have violated laws and disciplines, they have the right to report or make accusations to the public security organs, people's procuratorates, or administrative supervision organs. 2. Basis:
Article 9 of the Law on Punishments for the Administration of Public Security may mediate and deal with violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, where the circumstances are relatively minor. Where the public security organs mediate and the parties reach an agreement, punishment is not to be given. If no agreement is reached through mediation or no performance is made after reaching an agreement, the public security organ shall punish the violator of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may file a civil lawsuit with the people's court in accordance with the law regarding the civil dispute.
Article 10: The types of public security administrative punishments are divided into: (1) warnings; (2) Fines; (3) Administrative detention; (4) Revoke permits issued by public security organs. Foreigners who violate the administration of public security may be subject to an additional time limit for leaving the country or being deported.
Article 43 Anyone who assaults another person, or who intentionally injures another person's body, shall be detained for not less than 5 days but not more than 10 days and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB: (1) Gang beating or injuring others; (2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
Article 114:Public security organs and their people's police handling public security cases shall conscientiously take up the bench and accept the supervision of society and citizens. Where public security organs and their people's police handle public security cases and do not strictly enforce the law or have violations of law and discipline, all units and individuals have the right to report or make accusations to the public security organs, people's procuratorates, or administrative supervision organs; Organs that receive reports or accusations shall promptly handle them on the basis of their duties.
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The penalties for fighting are as follows:
1. Where a fight does not constitute a crime, a person shall be detained for not less than 5 days but not more than 10 days, and a fine of not less than 200 yuan but not more than 500 yuan shall be imposed;
2. For those who fight and brawl where the circumstances are relatively minor, they will be detained for up to five days or fined up to 500 yuan;
3. Those who are the ringleaders of the crime of assembling a crowd to fight and those who actively participate in it will be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
Criminal Law of the People's Republic of China
Article 292.
Crime of assembling a crowd to fight] Where a crowd is gathered 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 vile social impact;
3) Gathering crowds to fight in public places or on major traffic routes, causing serious confusion 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.
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Legal Analysis: Where a fight does not constitute a crime, a person shall be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. where there are aggravating circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB.
where a crime is constituted, conviction and sentencing are based on the charges constituted, and the crimes that may be involved include the crime of intentional injury; the crime of assembling a crowd to fight; The crime of picking quarrels and provoking trouble.
Legal basis: Article 292 of the Criminal Law of the People's Republic of China: Whoever gathers a crowd to fight, and the ringleader He Mo 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 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. Where a crowd is assembled to fight, causing serious injury or death, it is to be convicted and punished in accordance with articles 234 and 232 of this Law.
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The Public Security Administration Punishment Law stipulates that those who do not constitute a crime shall generally be detained for not less than 5 days but not more than 10 days, and shall be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
[Legal basis].Article 43 of the Law on Public Security Administration Punishments.
Those who assault others, or who intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB.
1) Assaulting or injuring others in large groups;
2. Assaulting or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60;
(3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
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