A juvenile crowd brawl seriously injured one person, and how to deal with minor injuries in a juveni

Failure to participate in the fight with subjective intent, even if it cannot be proved that there was no intent, failure to participate in the fight can be regarded as the suspension of criminal preparations, and criminal responsibility may be reduced or exempted.

Don't participate! Little girl.

First of all, it depends on the child who knows that he does not know what to do, if he knows that he is going to fight, he runs halfway, and he does not fight, it is called the suspension of the crime, according to Article 24, paragraph 2 of the Criminal Law: "For the suspension of the offender, if no harm is caused, punishment shall be waived; where harm is caused, punishment shall be commuted. If the child doesn't know what he is going to do, he must bite himself and don't know what to do, and if he loosens his mouth a little and says that he may be going to fight or something, it will be over, if he doesn't know, at most it is picking quarrels and provoking trouble, because he is a minor, there should be no criminal punishment.

There is also the minor you mentioned, if he is between the ages of 14 and 16, and he is really guilty of intentional injury causing serious injury, he should be legally responsible; If they are under the age of 14, they will not be used, but their parents or guardians will be ordered to discipline them in accordance with the law; When necessary, they are to be institutionalized and re-educated.

I didn't know to fight before, but I didn't go to fight together after that, so of course I didn't participate. Criminal responsibility in criminal law emphasizes the principle of consistency between subjectivity and objectivity. On the surface, although he arrived at the scene, he did not have the intention of participating in the fight, and of course he did not have to take responsibility.

Legal analysis: Unless the burning of socks constitutes the crime of assembling a crowd to fight, criminal liability, minor injuries are only subject to administrative punishment and civil liability.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injury" Article 17: Where the victim suffers a false judgment of personal injury, the various expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses, the compensation obligor shall compensate them.

The crime of assembling a crowd to fight refers to the act of gathering a group of people to fight and disrupt public order for an improper purpose. To constitute the crime of assembling a crowd to fight, it is sufficient to require that the perpetrator gather 3 or more people to fight, and does not require the motive for committing the crime or the result of the fight. Wounding or not hurting a person may be a crime.

If there is a serious injury or death, it is necessary to impose a combined punishment for several crimes, not just the crime of assembling a crowd to fight. This is because the crime of assembling a crowd to fight is only an invasion of public order under the law. The so-called public order refers to the rules of public life in public places established in accordance with laws and social morality.

Such as production order, office order, teaching order, traffic order, etc. Public order is the guarantee of the continuity of society. The act of assembling a crowd to fight will inevitably disrupt such public order and should therefore be punished as a crime.

However, there can be many people involved in the brawl, some of whom are blinded and some of whom are passive. In order to crack down on the minority and educate the majority, China's "Criminal Law" only criminalizes the organizers, commanders, and persons who actively participate in the brawls, but does not criminalize other persons who are deceived or deceived into participating or who deal with them passively. Therefore, a juvenile who gathers a crowd to fight and investigates the ruler shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release of the ringleader and other active participants; 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:

Gathering crowds to fight multiple times; Gathering a crowd to brawl with a large number of people, a large scale, and a vile social impact; Gathering crowds to fight in public places or on major transportation routes, causing serious disorder in social order; Armed people gather to fight.

Legal Analysis: If you are held criminally responsible, you will have a criminal record. Those who have reached the age of 14 and are minors may not be kept a record of the number of crimes.

Legal basis: "Law of the People's Republic of China on Probation of Criminal Deficiency" 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 other active participants 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 heinous social impact; (3) Gathering crowds to fight in public places or on major transportation routes, causing serious disorder in social order; (4) Assembling a crowd to fight with weapons.

Where a juvenile crowd brawl has nothing to do with whether or not they are in school, and where they do not cause injuries or minor injuries and are generally educated and compensated for medical expenses, juvenile crowd brawls are to be sentenced to several years of exemption from criminal punishment or a suspended sentence. Serious injuries and disabilities are as follows: Article 292 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 bad social shadow; (3) Gathering crowds to fight in public places or on major transportation routes, causing serious disruption of social order; (4) Assembling a crowd to fight with weapons.

Where a crowd is assembled to fight, causing serious injury or death due to starvation, it is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.

Legal analysis: Unless criminal liability is borne for the crime of assembling a crowd to fight, minor injuries are only subject to administrative punishment and civil liability.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 17: Where the victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

Legal Analysis: If you are held criminally responsible, you will have a criminal record. Those who have reached the age of 14 and are minors can not be kept in a criminal record.

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. After mediation by the public security organs, if the parties reach an agreement, the ominous socks shall be punished.

Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs 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 in the people's court in accordance with law regarding the civil dispute.