How many people are counted as gangs in the law, and how many people are gangs?

Updated on society 2024-06-29
9 answers
  1. Anonymous users2024-02-12

    First of all, association is not a legal term, but a common term in judicial practice. In law, there is the concept of joint crime, criminal group.

    Paragraph 1 of Article 25 of the Criminal Law stipulates: "Ordinary joint crimes, i.e., associations, refer to two or more persons, who are not stable, and whose organizations or associations are quickly disintegrated after the perpetrators are temporarily gathered together to commit a certain crime, and there are no psychological and material preparations for long-term existence.

    Therefore, if two or more persons are united only for the purpose of committing a certain crime, once the crime is committed, their criminal association will be dissolved, and only an ordinary joint crime will be constituted, and it cannot be recognized as a criminal group.

    Article 26, paragraph 2, of the General Provisions of the Criminal Code provides for the concept of a criminal group, i.e. "a relatively fixed criminal organization formed by three or more persons for the purpose of jointly committing a crime".

  2. Anonymous users2024-02-11

    Gang crime refers to a joint crime committed by two or more people in a gang and without organization. This type of joint crime is characterized by the absence of a special form of organization, and usually breaks up after one or more crimes. Article 25 of China's Criminal Law stipulates that a joint crime refers to a joint intentional crime committed by two or more persons.

    Crimes committed by two or more persons with joint negligence are not to be treated as joint crimes. Article 26, Paragraph 2 of the Criminal Law of the People's Republic of China A relatively fixed criminal organization formed by three or more persons jointly committing a crime is a criminal group. Hope mine can help you!!

  3. Anonymous users2024-02-10

    More than 3 people!! It is clearly stipulated in the Criminal Code!!

  4. Anonymous users2024-02-09

    Hello, more than 2 people, thank you, hope!

  5. Anonymous users2024-02-08

    A gang is defined as two or more persons. 1. Public security penalties.

    A gang refers to several people.

    Public Security Punishment Law Gang refers to two or more people (including two people).

    The public security organs shall implement the Law of the People's Republic of China on Public Security Administration Punishments.

    Interpretation of relevant issues (2) (8) Regarding the identification of "gangs", "multiple times" and "multiple people": "gangs" as provided for in the "Public Security Administration Punishment Law" refers to two or more people (including two people); "Multiple times" means three or more times; "Multiple persons" refers to three or more persons.

    2. The legal age for public security punishment.

    How old is it. The legal age for public security punishment is:

    1. Article 12 of the "Law of the People's Republic of China on Public Security Administration Punishments" provides that if a person who has reached the age of 14 but is not yet 18 years old violates the administration of public security, the punishment shall be mitigated or commuted; Where a person under the age of 14 violates the administration of public security, he is not to be punished, but his guardian shall be ordered to strictly discipline him.

    2. Article 21 of the Law of the People's Republic of China on Public Security Administration Punishments.

    In any of the following circumstances, where a person who violates the administration of public security shall be given a punishment of administrative detention in accordance with this Law, the punishment of administrative detention is not to be enforced:

    1) Those who have reached the age of 14 but are not yet 16 years old;

    2) Those who have reached the age of 16 but are not yet 18 years old, and who have violated the administration of public security for the first time;

    3) 70 years of age or older;

    4) Pregnant or breastfeeding an infant under the age of 1.

  6. Anonymous users2024-02-07

    Legal analysis: "Gang" as defined in the Public Security Administration Punishment Law refers to two or more people. Therefore, what we usually call "ganging up to beat others" must meet two conditions: first, objectively, it must be that two or more natural persons jointly carry out the act of beating or injuring others; Second, there must be evidence to prove that the two persons subjectively had the intention to form a gang.

    Legal basis: Article 26 of the "Public Security Administration Punishment Law of the People's Republic of China" 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 yuan; 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 false matters.

  7. Anonymous users2024-02-06

    First, the gang is a few people.

    1. A gang is a joint crime committed by two or more people. It does not mean that "two or more people committing a crime together" should be regarded as "committing a crime in a group". "Committing crimes in groups" is a concept in the Criminal Procedure Law, which is generally understood to include both organized crime forms such as criminal groups, as well as general joint crime forms that are loosely combined and temporarily entangled.

    2. Legal basis: Article 25 of the Criminal Law of the People's Republic of China.

    The concept of joint crime] Joint crime refers to the joint intentional crime committed by two or more people.

    Where two or more persons commit a joint crime of 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.

    II. What conditions should be met at the same time for "committing crimes in groups".

    1. Two or more persons commit a crime together;

    2. There is a clear organization and planning process before committing the crime together;

    3. The facts of the case involved are complex.

    "Committing crimes in groups" is generally manifested in an indefinite majority of two or more people, entangled together for the purpose of committing a crime, and there is an obvious process of entanglement in form, and the facts of the crime involved are relatively complex. Crime Fact Sheet.

    I. Cases of joint crimes where the composition of personnel is clear and the number of people fighting to annihilate a fixed number cannot be found to be "committing a crime in a group".

    "Wandering to commit crimes" refers to committing crimes continuously across the jurisdiction of cities and counties, or those who commit crimes in their place of residence and then flee to other cities or counties to continue committing crimes; "Multiple crimes" refers to committing crimes three or more times; "Committing a crime in a group" refers to two or more persons committing a crime together.

  8. Anonymous users2024-02-05

    First of all, ganging is not a legal repentance, but a common term in judicial practice. In law, there is the concept of joint crime, criminal group. Article 25, Paragraph 1 of the Criminal Law of the People's Republic of China Ordinary joint crimes, i.e., gangs, refer to the fact that two or more people are in front of each other, which is not stable, and the perpetrators are often temporarily gathered together to commit a certain crime, and their organizations or associations will soon disintegrate, and there is no psychological and material preparation for long-term existence.

  9. Anonymous users2024-02-04

    Gang crime refers to two or more people committing a crime, and committing a crime is doing something illegal. In law, it refers to the intentional kind, so it is the intentional commission of an illegal act by two or more people. Committing a crime in a group is a common joint crime.

    Criminal groups have a fixed organization, number of people, and financial resources, and are relatively complete and have a hidden omen system and division of labor. There is no collusion in the law. There is only joint crime.

    There are two types of joint crimes: general accomplices and special accomplices, i.e., criminal groups. Ordinary accomplices refer to two or more persons who commit a crime together and intentionally, and a relatively fixed criminal organization formed by three or more persons for the purpose of jointly committing a crime is a criminal group.

    Those who organize or lead a criminal group to carry out criminal activities, or play a major role in a joint crime, are the principal offenders.

    The ringleaders of the organization and leadership of the criminal group shall be punished in accordance with all the crimes committed by the group.

    Principal offenders other than this shall be punished in accordance with all crimes in which they participated, organized, or directed. Co-offenders are mainly divided into principal offenders, accomplices, and coerced accomplices.

    1. What is the difference between committing a crime in a group and committing a crime in a partnership?

    The difference between the two is mainly the number of people. "Committing a crime in a group" refers to two or more persons committing a crime together. However, the joint commission of a crime cannot only be judged by the number of people, but also by whether there is a conspiracy or the existence of joint criminal intent, and the joint commission of the same crime.

    II. Determination of Joint Crimes:

    1. Objective aspect;

    1) The acts carried out by each actor are criminal acts;

    2) Each criminal entity is jointly targeted by the crime;

    3) There is a causal relationship between the acts of the co-perpetrators and the result of the crime that occurred.

    2. Subjective aspect.

    There must be a common criminal intent.

    1) Each of the co-offenders not only recognizes that they are committing a certain crime, but also recognizes that there are other co-offenders who are jointly committing the crime with them;

    2) The co-offenders recognize that the combination of their own acts and the joint criminal acts of others will result in a result that is harmful to society, and they recognize the causal relationship between their joint criminal acts and the results of the joint crimes.

    Legal basis]: Criminal Law of the People's Republic of China

    Article 25.

    A joint crime refers to a joint intentional crime committed by two or more persons.

    Crimes committed by two or more persons with joint negligence are not to be treated as joint crimes. Those who should bear criminal responsibility shall be punished according to the crime they committed.

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