How to convict gang fights, how to convict gang fights

The gang fight is suspected of the crime of gathering a crowd to fight. The crime of assembling a crowd to fight refers to the conduct of gathering people to fight each other in gangs for the purpose of taking revenge on others, fighting for hegemony, or other improper purposes, disrupting public order, and the ringleaders and others who actively participate shall be criminally punished in accordance with law.

[Legal basis].

Article 292 of the Criminal Law: Where a crowd is assembled to fight, the ringleaders and others who actively participate in it 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 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 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.

Summary. Hello! Conviction of gang fighting: If a gang fights a crime, it is suspected of constituting the crime of assembling a crowd to fight, and may be sentenced to controlled release, short-term detention or fixed-term imprisonment of not more than 10 years.

Hello! Conviction of a gang that knows how to fight with friends: If a gang fights a crime, it is suspected of constituting the crime of assembling a crowd to fight, and may be sentenced to controlled release, short-term detention, or imprisonment for up to 10 years.

According to article 292 of the Criminal Law, those who assemble a crowd to fight shall be sentenced to up to three years imprisonment, short-term detention or controlled release for the ringleaders and other active participants; In any of the following circumstances, those who actively participate in the ringleaders and other hall members 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 crowd fights in the morning, 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.

There are two most important pieces of information in your statement, which are the injuries and causes, which are the key to sentencing, so please make these clear so that it can help you.

Hello, according to the results of the forensic doctor's evaluation of the injury, determine the nature of responsibility and handling procedures:

1. If it is a minor injury, it is a public security dispute; The perpetrator shall bear civil liability for compensation, and the police station shall impose a public security detention of up to 15 days and a fine.

2. If the injury is minor and the crime of intentional injury is suspected, the statutory penalty is up to 3 years imprisonment, short-term detention or controlled release; With the consent of both parties, the police station may preside over civil mediation, and where an agreement and understanding are reached, the crime will not be handled; If they do not understand, they will be transferred to the procuratorate for review and prosecution, and criminal responsibility will be investigated, and it is more likely that the court will give a suspended sentence (commonly known as serving a sentence outside of prison).

3. If it is a serious injury, the statutory sentence is 3-10 years imprisonment, which is a case that must be prosecuted by the state; The police station generally does not mediate, and directly transfers it to the procuratorate for review and prosecution; If the court can mediate, reach an agreement and forgiveness, and give a suspended sentence, otherwise it will be a real sentence.

The sentencing provisions for the crime of gang brawl are as follows: the ringleaders and others who actively participate in the crime shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release; Where there are multiple gatherings of crowds to fight, a heinous social impact, crowd brawls in public places or traffic arteries, armed crowd brawls, and other legally prescribed aggravating circumstances, a sentence of between three and ten years imprisonment is to be given.

[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 the brawl 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) 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 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 200 and 32 of this Law.

Legal Analysis: Whoever assembles a crowd to fight with an armed force 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 in the event shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. [Legal basis].

Criminal Law of the People's Republic of China" 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 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 crowd is assembled to fight and fight, causing serious injuries or death, it is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.