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.

Legal analysis: Whether both parties to a fight should be detained cannot be generalized, and responsibilities should be distinguished according to the specific circumstances of the case, such as the cause, the consequences, whether it is mutual assault or intentional injury to others, etc. For the responsible party, if mediation fails, detention is required.

Legal basis: Article 43 of the "Public Security Administration Punishment Law of the People's Republic of China" Whoever assaults another person, or intentionally injures the body of another person, shall be detained for 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.

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.

Whether or not both parties should be detained in a fight should be determined on the basis of the degree of fault of both parties and the extent of the damage caused. Under normal circumstances, 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.

Legal basis] Article 43 of the "Public Security Administration Punishment" beats others, or intentionally harms others, shall be detained for not less than 5 days but not more than 10 days, and shall 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) Assaulting or injuring others in a group; (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.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.