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According to the provisions of China's Criminal Law, the crime of assembling a crowd to fight refers to the formation of a gang, with the number of people generally reaching three or more, and there is an act of gathering a crowd to fight with each other, so where three or more people are gathered to fight, it may be found to be a crowd fight.
Criminal Law of the People's Republic of China
Article 292: [Crime of Assembling a Crowd to Fight] Those who assemble a crowd to fight 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 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.
Where a crowd is assembled to fight once, and the number of participants is small, there are no minor injuries, and the social impact is small, the ringleader is sentenced to one year imprisonment, and the active participants are to be short-term detention or controlled release; The sentence is increased by six months for each increase in the number of fights; For each additional minor injury, the sentence is increased by six months to one year, depending on the degree of injury; The sentence is increased by two months for each additional minor injury. where there is a larger social impact, the sentence is increased by six months or the type of sentence is upgraded.
In any of the four circumstances provided for in paragraph 1 of Criminal Law article 292, it is three years imprisonment, and the sentence is increased by one year for each additional circumstance (including the same circumstances); For each additional minor injury, the sentence is increased by six months to one year, depending on the degree of injury; The sentence is increased by three months for each additional minor injury.
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The crime of assembling a crowd to fight refers to the act of brawl between three or more people, and the crime of assembling a crowd to fight is punishable by up to five years imprisonment in accordance with the law.
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The sentencing for the crime of assembling a crowd to fight is a sentence of up to three years imprisonment, short-term detention or controlled release for the principal and active elements participating in the crowd fight; There are circumstances provided for in Article 299 of the Criminal Law of the People's Republic of China: Participation multiple times, the scale of the incident is large and the nature is heinous, brawls in public places disrupt public order, and armed brawls causing people, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
[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 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 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 the Wang Tang Hall in articles 234 and 232 of this Law.
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Whoever commits this crime 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 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.
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Reference point for the statutory base sentence of up to three years imprisonment, short-term detention, or controlled release] Where a crowd is assembled to fight once, the number of participants is small, no minor injuries are made, and the social impact is small, the ringleader is sentenced to fixed-term imprisonment for one year, and the active participants are sentenced to short-term detention or controlled release; The sentence is increased by six months for each increase in the number of fights; For each additional minor injury, the sentence is increased by six months to one year, depending on the degree of injury; The sentence is increased by two months for each additional minor injury. where there is a larger social impact, the sentence is increased by six months or the type of sentence is upgraded. [Statutory Base Sentence Reference Point for Between 3 and 10 Years of Fixed-term Imprisonment] Where there are any of the four circumstances provided for in the first paragraph of article 292 of the Criminal Law, it is three years imprisonment, and the sentence is increased by one year for each additional circumstance (including the same circumstances); For each additional minor injury, the sentence is increased by six months to one year, depending on the degree of injury; The sentence is increased by three months for each additional minor injury.
Rules on Discretionary Power for Individual Crimes] When sentencing individual cases in accordance with the provisions of this section, the collegial panel (single-judge panel) may exercise its discretion within six months in accordance with article 140 in sentencing, considering comprehensive sentencing elements such as personal danger and harm to society; In accordance with article 141 sentencing, discretion may be exercised within one year. [Proviso for the Application of Suspended Sentences]In any of the following circumstances, a suspended sentence is not to be applied: 1) Those who have previously been punished by public security for obstructing the order of social management; (2) There are two or more circumstances provided for in the first paragraph of Criminal Law article 292.
Gathering crowds to fight will damage the social and public order of our country, and at the same time, it will also pose a certain threat to the personal safety of other people. Therefore, Article 292 of China's Criminal Law clearly stipulates that those who gather a crowd to fight need to punish the blind personnel who participate in the primary policy and information.
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