Fight Do both sides have to be detained

Whether both parties to a fight should be detained cannot be generalized, and responsibility should also be distinguished according to the specific circumstances of the case, such as the cause, the consequences, whether it was mutual assault or intentional injury to others, etc. If the public security organs fail to mediate, the responsible persons need to be detained.

Public Security Administration Punishment Law

Article 9: Where the circumstances are more 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.

1. Should both sides of the fight be detained?

1. Whether both parties should be detained cannot be generalized, and responsibilities must be differentiated according to the specific circumstances of the case. For example, if the cause or consequence is mutual assault or intentional injury to others, etc., for the responsible party, if mediation fails, detention is required.

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. What are the specific procedures for detention?

The specific process of criminal detention is as follows:

1. When carrying out detention, the public security organ shall hold a valid Detention Certificate and present it to the detainee;

2. After detention, the detainee shall be immediately sent to a detention center for detention, and must not exceed 24 hours at the latest;

3. Under normal circumstances, the public security organs shall notify the family of the detainee or his work unit within 24 hours.

Fights are generally not fought by both sides of the detention of the gods. In the case of a fight, the police usually only detain the party who beat the person; However, if both parties start to hit someone, both parties will be detained. According to the law, if the perpetrator fights and it does not constitute a crime, he will generally be detained for not less than 5 days but not more than 10 days.

Article 43 of the Law 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.

Legal analysisIt is not possible to generalize, but also to distinguish responsibility according to the specific circumstances of the case, such as the cause, the consequences, whether it is a mutual assault or intentional injury to others, and so on, and where the circumstances are relatively minor, punishment may not be imposed after adjustment. If the circumstances are serious, or after mediation by the public security organs, the two parties cannot reach an agreement or fail to perform the agreement, punishment shall be given on the basis of the relevant appraisal results. In reality, a fight must be caused by the actions of both parties, but even so, it cannot be said that both parties are at fault and the public security organs are directly detained, because only the party at fault needs to bear serious responsibility, and the victim's assault may be recognized as a legitimate defense, and there is no need to accept detention at this time.

Detention, depending on the nature of the case, can be divided into administrative detention, criminal detention, and judicial detention. The three are fundamentally different and have different requirements in application.

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.