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This situation is certainly not past the time limit for prosecution.
Any natural person who has reached the age of 16 and has the capacity for criminal responsibility can constitute the crime of assembling a crowd to fight. However, not all participants in a crowd brawl are guilty of assembling a crowd to fight. Only the ringleaders and other active participants in the crowd brawl can constitute the subject of the crime of assembling a crowd to fight.
The so-called ringleaders refer to criminals who play a role in organizing, planning, and directing crowd fights; The so-called "other active participants" refers to criminals other than the ringleaders who play an important role in the crowd fight. For ordinary participants, administrative responsibility can only be pursued in accordance with the public security administrative punishment regulations, and cannot constitute the subject of the crime of assembling a crowd to fight.
Those who commit the crime of assembling a crowd to fight are to be sentenced to up to three years imprisonment, 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.
The final outcome depends on the specific circumstances of the case.
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Crowd brawls are punished only for ringleaders and active participants, and are generally punishable by three years' imprisonment. Since he is a minor and not the mastermind, he should not be sentenced or given a suspended sentence if he finds a good lawyer.
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Legal Analysis: Where a crowd is assembled to fight based on the heinous degree of the circumstances, the ringleaders and others who actively participate are to be sentenced to up to three years imprisonment, short-term detention, or controlled release. where there are aggravating 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.
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 the crimes of intentional injury and intentional homicide.
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 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.
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Article 292:Where a crowd is assembled 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 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 under the cover of manuscripts;
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.
In addition, 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 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.
Article 232:Whoever intentionally kills a person shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.
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Whoever commits this crime 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.
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Depending on factors such as the evaluation of the other party's injuries, your compensation and understanding, the attitude of admitting guilt during the trial, and the harm to society, it is impossible to accurately determine the length of time, mainly the evaluation of the injuries of the injured person, and if the injury is minor, there is a possibility of probation. It is advisable to consult a lawyer! FYI, if please!
Sentencing, of course.
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