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1. If the circumstances of the fight are relatively minor and the injuries are less than slight, the person who violates the administration of public security shall be punished in accordance with the provisions of the "Law on Penalties for the Administration of Public Security". Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.
2. If there is a fight and brawl to the point that a person is slightly injured or not, and it is suspected of intentional injury, it shall be punished according to the crime of intentional injury in the Criminal Law.
1) The Law on Public Security Administration Penalties stipulates:
Article 9: Where the circumstances are relatively minor, the public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes. 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 punish the violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.
Article 43: Whoever assaults another person, or intentionally harms another person's body, is 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.
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.
2) The Penal Code provides:
Article 234:[Crime of Intentional Injury] 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.
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Where the circumstances are relatively minor, the public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.
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This kind of crowd brawl is not serious, it is a mutual medical expense, and if it is serious, it constitutes a crime, and it is generally less than three years.
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I can only say that the police on your side are garbage, dog b thing, you go to the court to tell them, and there is also b police, and if the court doesn't accept it, find someone to beat these people, and then go to jail and go to jail, so at least you have some benefits!
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The law doesn't mean that whoever of you does it later will be justified. Instead, it looks at the plot, asking for evidence, witnesses, exhibits, injury identification, and so on.
The way to give it to you from here is to instigate it, and it is not allowed by law. is against the law.
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In general, fights and brawls caused by the people may be handled in coordination by the public security organs where the circumstances are relatively minor. If it does not constitute a crime, the public security organ may impose a detention of up to 15 days or a fine of up to 1,000 yuan;
If a crime is committed, criminal liability is pursued. If the injury is minor, there is no criminal penalty. If you cause minor injuries or more, you may face up to three years in prison, criminal detention or public surveillance.
Article 234 of the Criminal Law of the People's Republic of China stipulates that whoever causes death or seriously injures a person by particularly cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Legal basis] 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 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.
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Legal analysis: If the police are called, the public security organs will file a case for investigation, and there will be specific harmful results, and the beater will bear criminal responsibility and civil liability for compensation. If the circumstances of the fight are minor and there are no serious consequences, the Public Security Punishment Law shall be used to impose public security punishments, and if the circumstances are serious and serious consequences are caused, they shall be punished as the crime of assembling a crowd to fight in accordance with the provisions of the Criminal Law.
Depending on the severity of the circumstances, if more than minor injuries are caused, the crime of intentional injury is constituted and a sentence is to be imposed.
Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 26: Those who commit any of the following acts 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.
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Nowadays, many people, especially young people, are very impulsive, and even often fight because of a disagreement. If it is a non-crowd brawl, and the result of the brawl has not yet constituted a minor injury or more, it will be punished in accordance with the "Public Security Punishment Law": Anyone who beats others, or intentionally harms the body of others, shall be detained for not more than 5 days and 10 days, and shall be fined not less than 200 yuan but not more than 500 yuan, and if the circumstances are minor, he shall be detained for not more than 5 days or fined not more than 500 yuan.
If there is an objective fact of a brawl and it has an impact, regardless of whether there are people or not, they will be punished by the Criminal Law and convicted and punished as the crime of assembling a crowd to fight, but the Criminal Law only punishes the ringleaders and active participants If the brawl causes someone to be seriously injured or killed, then it will be punished according to the crime of intentional injury or intentional homicide. Article 43 of the "Law of the People's Republic of China on Public Security Administration Punishments" Whoever assaults another person, or intentionally injures the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall be fined between 200 and 500 RMB, and if the circumstances are more minor, shall be detained for not more than 5 days or fined not more than 500 RMB.
If there is a fight between the internal personnel of the construction site, the situation is generally handled by the construction site itself, and both parties have no opinion on the result, then the matter ends here. If you are not satisfied, then you can only call the police to deal with it, and if the police deal with it, the matter may be a little big, and there will be fines and detentions, so for the sake of harmony, try to deal with it internally!
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