Is there a prison sentence for fighting, is there a jail sentence?

Can you go to jail for a fight?

If the fight does not constitute minor injuries, it will not be sentenced and will be handled as a public security case.

It is a crime to have more than minor injuries.

Relevant legal knowledge.

Criminal Law of the People's Republic of China

Article 234 of the Criminal Law [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.

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.

Legal Analysis: It depends on the specific situation. The fact that Tong Qiao was slightly injured in a fight does not constitute the crime of leniency, but is a general administrative violation. If you do not go to jail and have more than minor injuries, you may be guilty of intentional injury and need to go to jail.

Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms 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 and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, or where serious injury is caused by especially cruel means, or serious disability, the sentence is to be 10 or more years imprisonment, life imprisonment or death.

Where this Law provides otherwise, follow those provisions. In layman's terms, a person who intentionally injures and causes minor injuries can be sentenced to fixed-term imprisonment of not more than three years, short-term detention or public surveillance.

Legal Analysis: Fighting is a criminal offense and is punishable by jail time. Then there are two main types of crimes that may be commonly suspected in fights:

According to the provisions of the Criminal Law, those who gather to fight in a crowd and others who actively participate in a brawl shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.

Legal basis: Article 292 of the Criminal Law of the People's Republic of China: Whoever assembles a crowd to fight shall be sentenced to up to three years imprisonment, short-term detention or controlled release for agitation of the ringleaders and other active participants; 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 vile social impact;

3) Gathering crowds to fight in public places or on major traffic arteries, causing serious disruption of social order;

4) Armed crowds to fight. 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.

1. Will you go to jail if you fight?

1. A fight does not necessarily result in a sentence, but should be determined according to the subjective will of the perpetrator and the severity of the injury caused. Minor injuries caused by a fight do not constitute a crime, but are a general administrative offense and are not subject to imprisonment. If the injury is more than minor, Suibi may be guilty of intentional injury and need to go to jail.

2. Legal basis: Article 9 of the Law on Public Security Administration Punishments.

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 violator of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully file a civil lawsuit with the people's court for a civil dispute.

2. How to punish fights.

1. Where a party fights or brawls, he shall be detained for not less than 5 days but not more than 10 days, and fined between 200 and 500 RMB;

2. Those who gang up to beat or injure others, or beat or injure persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60, shall be detained for not less than 10 days but not more than 15 days, and shall also be fined between 500 and 1,000 RMB;

3. If the circumstances are serious and serious consequences are caused, criminal responsibility shall be borne and punishment shall be imposed for the crime of assembling a crowd to fight.

Legal analysis: If the beating causes minor injuries to the following injuries, do not go to jail, but the public security organs may impose a fine and detention for public security; If a person is injured or injured, it will constitute the crime of intentional injury and will be imprisoned. Anyone who generally causes minor injuries may be sentenced to up to three years imprisonment, short-term detention or controlled release.

Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 43 Whoever assaults another person, or intentionally harms the body of another person, shall be sentenced to a detention of not less than 5 days but not more than 10 days, and shall also be fined between 200 and 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB

1) Gang up to beat or injure others; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

Criminal Law of the People's Republic of China》 Article 234 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 and causes serious injury is to be sentenced to between three and ten years imprisonment; 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.

Article 234-1 Whoever organizes others to sell human organs is sentenced to up to five years imprisonment and a concurrent fine; where the circumstances are serious, a sentence of five or more years imprisonment and a concurrent fine or confiscation of property is to be given. Whoever removes his or her organs without his consent, or removes the organs of a person under the age of 18, or forces or deceives others into donating organs, is to be convicted and punished in accordance with the provisions of articles 230 and 232 of this Law. Where organs from corpses are removed against the person's prior wishes, or where the person did not express their consent before their death, violating state regulations, and harvesting their corpse organs against the wishes of their close relatives, it is to be convicted and punished in accordance with the provisions of article 302 of this Law.

Fighting is punishable by jail time if it constitutes a criminal offense. There are two main types of crimes that may be commonly suspected in fights: The first is the crime of assembling a crowd to fight, and according to the provisions of the Criminal Law, those who assemble a crowd to fight and others who actively participate in it shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.

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 it shall be sentenced to up to three years imprisonment, short-term detention or controlled release; In any of the following circumstances, the ringleaders and other active participants 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 vile social impact; 3) Gathering crowds to fight in public places or on major traffic arteries, causing serious disruption of social order; 4) Armed crowds to fight.

Where a crowd is assembled to fight, causing serious injury or death to the decedent, it is to be convicted and punished in accordance with the provisions of articles 234 and 230 of this Law.