How to judge if you lose money in a crowd fight

Where criminals who commit a joint crime actively compensate the victim and obtain the victim's forgiveness, the people's court may, on the basis of the specific circumstances, give a lighter punishment as appropriate.

Criminal Procedure Law of the People's Republic of China

Article 288:In the following public prosecution cases, where the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through methods such as compensating the victim for losses or making formal apologies, and the victim voluntarily settles, both parties may settle:

1) Cases arising from civil disputes that are suspected of crimes provided for in chapters 4 and 5 of the Criminal Law's special provisions, and might be sentenced to up to three years imprisonment;

2) Cases of crimes of negligence other than crimes of dereliction of duty that might be sentenced to up to 7 years imprisonment.

Where criminal suspects or defendants have intentionally committed crimes within 5 years, the procedures provided for in this chapter do not apply.

Article 290:In cases where a settlement agreement is reached, the public security organs may submit a recommendation for leniency to the people's procuratorate. The people's procuratorate may submit a recommendation for lenient punishment to the people's court; Where the circumstances of the crime are minor and no criminal punishment is required, a decision may be made not to prosecute. The people's court may give a lenient punishment to the defendant in accordance with law.

How to determine common joint crimes

1. Must be two or more persons who have reached the legal age of criminal responsibility and have the capacity for criminal responsibility. Where two minors under the legal age of responsibility jointly commit acts that endanger society, they do not constitute a joint crime. Several persons jointly commit a crime, but if only one of them has reached the legal age of criminal responsibility and has the capacity for criminal responsibility, it cannot constitute a joint crime.

2. The co-offenders must subjectively have common criminal intent. There are two meanings here: first, the co-perpetrator not only realizes that he is intentionally participating in the commission of the joint crime, but also realizes that there are other co-perpetrators who are participating in the commission of the crime with him.

The second is that the co-offenders have a deliberate attitude of hope or laissez-faire towards the occurrence of the outcome of the crime. The joint criminal intent causes the acts of the joint offenders to be connected with each other, tacit with each other, and combined into a unified criminal act, which jointly leads to the occurrence of harmful results.

3. The co-offenders must objectively have a common criminal act. Although the status, specific division of labor, degree of participation, and even time of participation may be different when committing a joint crime, their acts are all aimed at achieving the same criminal purpose and pointing to the same goal, so they are closely linked and organically coordinated, and their respective criminal acts are all part of the entire criminal activity. In the case of a harmful outcome, there is a causal relationship between the criminal acts committed by the co-perpetrators and the criminal results that occurred.

4. There must be a common object of crime. That is, the criminal acts of the joint offenders must be directed at the same criminal object, which is an inevitable requirement that there must be a common criminal intent and a common criminal act for the establishment of a joint crime.

If he is not the ringleader and active participant, it does not constitute the crime of assembling a crowd to fight, and it is not he who causes serious injury to the other party, then he does not constitute the crime of intentional injury, but he must have constituted the provisions of Article 43 of the "Public Security Administration Punishment Law": Whoever assaults another person, or intentionally harms the body of another person, 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) Gangs beating or injuring others.

Therefore, in addition to compensating the other party, it also depends on whether to impose a fine on your friend or to carry out administrative detention, which depends on whether you can settle the police, there is sufficient evidence to prove that your friend is a minor element, and if it does not cause the other party's personal **, it belongs to the scope of spending money to settle it, and novices ask for points

Article 292 of the Criminal Law [Crime of assembling a crowd to fight; the crime of intentional injury; Intentional homicide] Gathering a crowd 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 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 the provisions of articles 234 and 232 of this Law.

Losing money is civil liability, and punishment is criminal liability, irrelevant!

It is a joint crime and joint responsibility and loss of money can only be taken into account as an element in sentencing.

Whether to decide or not to judge depends on the court's verdict The verdict is down, and as long as no one appeals, it is the final decision.

The law will judge as it is.

Legal analysis: It is okay to gather a crowd to fight and lose money, but you still need to bear the corresponding criminal responsibility. If it involves laughing lead Kai to criminal punishment, it can't be solved with money.

If it involves a crime, then it will generally face criminal penalties, and then the injured person will need to be compensated.

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 first meeting of important elements and other active participants 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) Agitation where the number of people gathering to fight is large, the scale is large, and the social impact is vile; 3) Gathering crowds to fight in public places or on major traffic arteries, causing serious disruption of social order; 4) Armed crowds to fight.