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According to the police station, the crime of public brawl refers to the act of forming a gang, generally with more than three people, and deliberately fighting each other in a crowd fight. It is necessary to strictly grasp the standards for convicting acts of assembling crowds to fight, and prevent some acts where the circumstances are obviously minor and the harm is not great from being treated as a crime, and only then can mutual assault be determined.
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Where fights and brawls caused by civil disputes are relatively minor, the public security organs may mediate and handle them. 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 follow the provisions of this Law to punish the violators of the administration of public security, and inform the parties that they may lawfully file a civil lawsuit with the people's court for the destruction of the civil dispute.
Legal basis: Article 9 of the "Law of the People's Republic of China on the Punishment of the Public Security Administration" for violations of the administration of public security, such as fighting or damaging other people's property caused by civil disputes, where the circumstances are relatively minor, the public security organs may mediate and deal with them. Where, after mediation by the public security organs, the parties reach an agreement on filings, 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.
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Legal analysis: The police station can mediate the mutual assault between the two parties. 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 follow the provisions of this Law to give punishments to those who violate the administration of public security, and inform the parties that they may file a civil lawsuit in the people's court in accordance with law regarding the civil dispute.
Legal basis: Article 9 of the Law of the People's Republic of China on Public Security Administration Punishments stipulates that the public security organs may mediate and deal with violations of the management of public security such as fights or damage to other people's property caused by civil disputes, and the circumstances are relatively minor. 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 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 with the people's court in accordance with the law regarding the civil dispute.
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The punishment for assaulting each other at the police station depends on the circumstances:
1. If the circumstances are minor, both parties can be criticized and educated. If it constitutes a violation of the law, the party can be punished for public security;
2. If the two sides fight, it is a mutual assault, and they are to be detained for not less than 5 days but not more than 10 days, and fined not less than 200 yuan but not more than 500 yuan.
If the two sides beat each other and the injuries are found to be slight, the public security organs will impose public security penalties on the beater, and bear the victim's medical expenses, lost work expenses, and other expenses. If the evaluation results are minor, the public security organs shall file a case for investigation and pursue the criminal responsibility of the beater. If the public security organs do not file a case, they may file a private criminal prosecution in the people's court and demand that the person who beat the person be investigated for criminal responsibility.
Regardless of whether it is a public prosecution or a private prosecution, an attached civil lawsuit can be filed at the same time to demand compensation for medical expenses and other expenses from the other party.
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Hello, if a general fight does not constitute a crime, administrative detention is up to 15 days.
According to Article 26 of China's "Public Security Administration Punishment Law", those who form a gang to fight shall be detained for not less than 5 days but not more than 10 days, and may be 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
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; However, if the circumstances are serious and serious consequences are caused, they shall be punished as the crime of assembling a crowd to fight or the crime of picking quarrels and provoking troubles in accordance with the provisions of the Criminal Law. If the injury is caused to more than minor, the offence of intentional injury is committed. In this case, they may face criminal penalties such as fixed-term imprisonment, criminal detention or public surveillance.
Hope the above is helpful to you.
Article 26 of the Public Security Administration Punishment Law: 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 trouble.
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1. How to punish the police station for beating each other depends on the specific situation
1) Where the parties reach an agreement after mediation by the public security organs, no punishment shall be imposed;
2) Where an agreement is not reached after mediation or failure to perform after reaching an agreement, the public security organs shall, in accordance with the provisions of this Law, punish the violator of the administration of public security, detain him for not less than 5 days but not more than 10 days, and impose a fine of not less than 200 yuan but not more than 500 yuan.
2. Legal basis: Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments.
Those who assault others, or intentionally injure others, are 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. How to deal with mutual assaults.
The process of dealing with mutual assault between the two parties is as follows:
1. The public security organ receives the alarm**, and then quickly dispatches the police;
2. After arriving at the scene, if the fight continues, stop it, and if the existing police force cannot stop it, call for support;
3. If it has already ended, mediate the parties and treat the wounded.
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These five situations should be recognized as work-related injuries.