How many people fight counts as a crowd fight?

A fight between three people counts as a crowd fight.

According to the provisions of the relevant judicial interpretations, the gathering of a crowd to fight generally refers to the gathering of no less than three people, and the crime of gathering a crowd to fight is generally not constituted by less than three people.

The crime of assembling a crowd to fight refers to the act of forming a gang, generally involving three or more 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 punished as crimes.

Legal basis:

Article 292 of the Criminal LawWhere 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 articles 234 and 232 of this Law.

1. The "crowd" in the crime of assembling a crowd to fight should be understood to mean that there are more than three people on either side of the fighting. The object of the crime of assembling a crowd to fight is public order, and if either party denies the existence of a crowd brawl without reaching three or more people, there is a suspicion of indulging in crimes, which is not conducive to combating such crimes. Thus, a party of more than three persons may be guilty of this offence.

The other party does not constitute this crime because it lacks the element of "gathering a crowd".

2. If neither party reaches more than three people, even if the number of both parties is added up to three, it cannot constitute this crime, but can only be found to be an ordinary brawl, and if other crimes occur in the brawl, it can be found to be other crimes, such as intentional injury. This is because at least one party can only engage in a brawl involving three or more people in order to reach the level of violation of public order required for the crime of assembling a crowd to fight.

3. Whether the organizers are included in the "crowd" depends on whether the organizers are present at the scene to direct or participate in the brawl, and if they are present at the scene, they should be counted, otherwise, they are not included.

Legal basis: The first paragraph of Article 234 of the Criminal Law stipulates: "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.

Legal analysis: If the number of two parties to the brawl reaches more than three people, it is a crowd brawl, and the act of brawl needs to bear certain legal responsibility. If a crime is not constituted, the minimum penalty is 5 days and a maximum of 10 days, and a fine of up to 500 yuan.

If the act of brawl constitutes a crime, the penalty is generally criminal detention, public surveillance or up to three years imprisonment. The crime of assembling a crowd to fight refers to the act of gathering people to fight each other in gangs for the purpose of taking revenge on others, fighting for hegemony, or other improper purposes, thereby disrupting public order. The number of people on one side is not less than three people can constitute a crowd fight, that is, a fight between four people, three people on one side and only one person on the other side can also constitute a crowd fight.

In terms of criminal consequences, a brawl carried out by one party constituting a crowd will also cause serious damage to social and public order, and its severity is not necessarily less severe than that of both parties gathering a crowd to fight.

Legal basis: Public Security Administration Punishment Law of the People's Republic of China Article 43 Whoever assaults another person, or intentionally harms 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 RMB; 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 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.

Derivative question: How does the school deal with student fights?

The process of dealing with student fights and brawls is: 1. Understand the seriousness of the matter, timely report to the injured classmates, and report to the police in time for some serious circumstances (such as fighting with knives causing major consequences); 2. In-depth investigation into the causes of the incident; 3. After forming a report on the information learned, a preliminary settlement bill will be formulated.