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In a gang fight, one of them grabbed a bag and ran away, and the rest of the people were punished according to the public order of gang fighting, and if the circumstances were serious, they were punished as gathering a crowd to fight. If more than minor injuries are caused, the crime of intentional injury is also suspected.
Those who form a gang brawl are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB; 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; Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release.
Article 26 of China's "Public Security Administration Punishment Law" Anyone who commits any of the following acts shall be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB;
1) Gang fighting;
2) Chasing or intercepting others;
3) Forcibly taking or arbitrarily destroying or occupying public or private property;
4) Other acts of picking quarrels and provoking trouble.
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:
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.
Article 234 of the Criminal Law stipulates that anyone who intentionally injures another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
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The rest depends on what role it plays in the crowd fight, generally in the crowd fight, only the ringleader who plays the leading role is punished, and the rest is punished according to public security (if there are no serious consequences). Whether a person snatches a bag or robs it depends on whether he uses force, threat of force or other methods, and if he uses it, it is robbery. How others are punished depends on whether the other person and the bag snatcher have common criminal intent, whether they have prior accomplices, and if not, they are not responsible for their bag snatching.
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It will be characterized as a robbery, and there is a violent atmosphere, and you should also hire a lawyer!
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The rest of the people, if not for the purpose of snatching the bag, and did not cause serious aftermath, it is just a general offense.
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The crime of robbery is the act of forcibly snatching public or private property from the owner or custodian of property on the spot, using violence, coercion or other methods for the purpose of illegal possession. Where a gang robs, resulting in serious injury to the victim or more serious consequences, it is an aggravating circumstance and is to be sentenced to 10 or more years imprisonment, life imprisonment, or death, and a concurrent fine or confiscation of property. In addition, in the case of gang crimes, the criminal responsibility to be borne may be determined on the basis of the status of the criminal suspects in the course of the crime, the specific circumstances of the crime, and the consequences caused.
Article 263 of the Criminal Law stipulates that whoever robs public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; In any of the following circumstances, a sentence of 10 or more years imprisonment, life imprisonment, or death is to be given, and a concurrent fine or confiscation of property is to be given: (1) Burglary; (2) Robbery on public transportation; (3) Robbery of banks or other financial institutions; (4) Multiple robberies or robberies where the amount of money involved is huge; (5) Robbery causing serious injury or death; (6) Pretending to be military or police personnel to rob; (7) Robbery with a gun; (8) Looting military supplies or emergency rescue, disaster relief, or relief materials.
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Legal Analysis: For gang crimes, criminal responsibility may be determined on the basis of the criminal suspects' respective positions in the course of the crime, the specific circumstances of the crime, and the consequences caused. Those who organize or lead a criminal group to carry out criminal activities, or who play a major role in a joint crime, are the principal offenders.
A relatively fixed criminal organization formed by three or more persons for the purpose of jointly committing a crime is a criminal group.
Legal basis: Article 13 of Article 266 of the Criminal Law of the People's Republic of China, the crime of robbery is the act of forcibly snatching public or private property from the owner or custodian of property on the spot for the purpose of illegal possession. where this crime is committed, the sentence is between three and ten years imprisonment and a concurrent fine; and where there are any serious circumstances, a sentence of 10 or more years imprisonment, life imprisonment, or death is to be given, and a concurrent fine or confiscation of property is to be given.
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1. There are only two kinds of people at the scene of this kind of gathering and brawl to cause death, that is, the principal offender and the accomplice who actively participated;
2. And you are an accomplice who actively participated, although you did not do it, it does not mean that you did not participate, but the court will consider mitigating or reducing the punishment for you when sentencing;
3. You must be suspected of committing a crime, this is a sure thing.
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If there is evidence that he is not involved in the crime, he is not suspected of committing a crime.
Case-by-case analysis.
1. Whether a citizen hits or not, depends on the evidence, not what the citizen says, therefore, the citizen may be suspected of the crime of intentional injury causing death or the crime of intentional homicide, accomplice, accomplice;
2. If there is evidence to prove that a citizen has committed relevant acts of assistance, it can also constitute an accomplice, and it is not necessary that only the perpetrator can constitute a crime;
3. For accomplices, punishment shall be mitigated, commuted, or exempted from punishment in accordance with law.
Suspected of intentional injury (causing death), the statutory sentence is fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
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Fighting more than two people is a gang. The exact sentence depends on the victim's injury. Minor injuries, fixed-term imprisonment of not more than three years, short-term detention or controlled release.
Those who assault others or 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. 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 fined between 200 and 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) Assaulting or injuring others; (2) Assaulting or injuring disabled persons, pregnant women, under the age of 14 or over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people.
Article 26 of the Criminal Law of the People's Republic of China: Those who organize or lead criminal groups to carry out criminal activities, or who play a major role in joint crimes, are the principal offenders.
A relatively fixed criminal organization formed by three or more persons for the purpose of jointly committing a crime is a criminal group.
The ringleaders who organize or lead a criminal group are to be punished in accordance with all the crimes committed by the group.
Principal offenders other than those provided for in paragraph 3 shall be punished in accordance with all crimes in which they participated, organized, or directed.
Article 25 of the Criminal Law of the People's Republic of China: Joint crime refers to two or more persons committing a joint intentional crime.
Where two or more persons commit a crime of joint negligence, it is not to be treated as a joint crime; Those who shall bear criminal responsibility are to be punished separately according to the crimes they committed.
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Legal Analysis: A fight between two or more people is considered a gang. The specific sentence depends on the victim's injuries.
Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 9: Where violations of the administration of public security such as fights or damage to other people's property caused by civil disputes are relatively minor, the public security organs may mediate and handle them. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.
Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall, in accordance with the provisions of this Law, punish the perpetrator of the violation of public security management and source dismantling, and inform the parties that they may file a civil lawsuit in the people's court in accordance with law regarding the civil dispute.
Criminal Law of the People's Republic of China》 Article 234 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. 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 the death of a person or seriously injures a person by especially cruel means, causing serious disability, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
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