Division of responsibilities for group fights? 5. What is the division of responsibilities for group

This belongs to the crowd brawl, and the ringleader and active participant in the crowd brawl are punished. It is to gather those who fight and cause perforation of the eardrum to be punished. According to what you said, your sister is not aware and has no responsibility.

When two people fight, their responsibility is generally divided according to the consequences of the harm caused by each of them. Fights and brawls shall be distinguished between public security cases and criminal cases based on the specific circumstances, and then convicted and punished in accordance with the Public Security Administration Punishment Law or the Criminal Law.

Article 43 of the Public Security Administration Punishment Law stipulates that anyone who assaults another person or intentionally injures another person shall be detained for not less than 5 days but not more than 10 days and 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 up to beat or injure 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.

Legal basis: Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments.

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. 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) Forming a group to beat or injure others; (2) Beating 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.

This has nothing to do with your sister unless he participates.

First of all, investigate the facts, your sister did not participate in the beating.

If your sister didn't tell them to beat someone, then she wouldn't be responsible.

If your sister tells them to go and beat him up or something, then you have to bear a little bit.

If your sister contributes money and goods to help them beat people, then bear more.

If the injury was an accident, then it is decided.

If you deliberately want to hurt someone, then if there is a mastermind, the mastermind has a great responsibility.

It's not right to fight, and you can't fight if you have a reason. Whoever is wrong and who is right can only be held accountable through judicial appraisal.

If the main thing is to actively participate or participate in it, it is possible to bear relevant responsibilities, and it should be dealt with according to his actual situation.

After a fight, the responsibility is generally divided according to the consequences of the injury caused by the lead made by each person. If the perpetrator causes minor injuries, the public security organs will generally give them a public security punishment; If a person is slightly injured or more, the perpetrator may constitute the crime of intentional injury, and Huai Liangye shall be investigated for criminal responsibility in accordance with the law.

The person directly responsible for the group fight, the main elements, and the active participants are responsible. The former is the crime of intentional homicide. The latter two are guilty of assembling a crowd to fight.

1. If the injury is minor and meets the standards for filing a criminal case for the crime of intentional injury, the case shall be filed and investigated for the crime of intentional injury; 2. If there is only a sentencing circumstance of minor injuries and no other circumstances, the sentence shall be three years imprisonment, short-term detention or controlled release; 3. Where there are other sentencing circumstances, such as admitting guilt and accepting punishment, voluntary surrender, etc., and mitigating or mitigating circumstances, the sentence is to be mitigated or commuted within the sentencing range of up to three years imprisonment, short-term detention, or controlled release. Article 234 of the Criminal Law of the People's Republic of China 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 and causes 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.

Analysis of the law of laughter:

If a fight causes minor injuries or more to the other party, not only shall the other person be compensated for medical expenses and other losses, but also bear criminal liability for intentional injury.

If the injury is less than minor, it is necessary to compensate others for the loss of medical expenses and other losses, and do not bear criminal responsibility, but it is likely to be detained for public security. Public security detention is generally 3 to 15 days.

Legal basis: Criminal Law of the People's Republic of China Article 234 Whoever 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 the death of a person or causes serious injury 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.

Legal analysis: If a fight causes minor injuries or more to the other party, not only to compensate others for medical expenses and other losses, but also to bear criminal liability for intentional injury.

If the injury is less than minor, it is necessary to compensate others for medical expenses and other losses, and do not bear criminal responsibility, but it is likely to be detained for public security. Public security detention is generally 3 to 15 days.

Legal basis: "Criminal Law of the People's Republic of China" Article 234 Whoever intentionally harms the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release.

Whoever commits the crime in the preceding paragraph and causes serious injury shall 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 and causes serious disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, follow the provisions of key hand rolling.

If a group fight is not filed, criminal responsibility will be exempted after 15 years, because if a group fight constitutes a crime, it will constitute the crime of assembling a crowd to fight, and the maximum statutory penalty for this crime is fixed-term imprisonment of not less than three years but not more than ten years, and if the maximum sentence prescribed by law is not less than five years but less than ten years imprisonment, it will not be prosecuted after 10 years.

[Legal basis].Article 87 of the Criminal Code.

The crime will not be prosecuted after the following period of time:

1) Where the legally-prescribed maximum sentence is less than 5 years imprisonment, 5 years have elapsed;

2) Where the legally-prescribed maximum sentence is between 5 and 10 years imprisonment, 10 years have passed;

3) Where the legally-prescribed maximum sentence is 10 years or more imprisonment, 15 years have elapsed;

4) Where the statutory maximum sentence is life imprisonment or death, 20 years have elapsed. If it is found necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for verification.

If the group structure becomes a crime, and the statute of limitations for prosecution is exceeded, criminal responsibility will be exempted. There are also the following situations where those who are exempted from criminal responsibility for group fights are exempted: 1. The circumstances are obviously minor and the harm is not great, and it is not considered a crime; 2. Those who have been exempted from criminal punishment by amnesty order; 3. Failing to make a complaint or retracting the complaint for a crime that was handled only by telling Chen Hongcai in accordance with the Criminal Law; 4. The criminal suspect or defendant is deceased; 5. Other laws provide exemption from criminal responsibility.

[Legal basis for suspicion].

Article 16 of the Criminal Procedure Law provides that in any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or a not guilty verdict shall be declared: (1) the circumstances are obviously minor and the harm is not great, and it is not considered a crime; (2) The statute of limitations for prosecution has already expired; (3) Exemption from criminal punishment by amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; (5) The criminal suspect or defendant is deceased; (6) Other laws provide for exemption from criminal responsibility.

Minor injuries in fights and brawls are a violation of the public security regulations; Each other not only has to bear each other's medical expenses, but also needs to be detained for not less than 5 days but not more than 10 days, and may be fined up to 500 yuan; where the circumstances are serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

Picking quarrels and provoking trouble, if it is not serious, will be detained.

If the circumstances of a group fight are minor and do not constitute a crime, they 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. If the crime of assembling a crowd to fight is constituted, 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: pure limb].Article 26 of the Law on Public Security Administration Punishments.

Those who exhibit any of the following conduct 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.

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.

Where a crowd is assembled to fight, the ringleaders in the chain 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) Repeatedly gathering crowds to fight in tents and trousers;

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.