Is the sentence for a fight a criminal case, and is a fight a criminal case

Updated on society 2024-07-24
6 answers
  1. Anonymous users2024-02-13

    Legal Analysis: Belongs. Whether the fight is a criminal or civil case depends on whether the victim is slightly injured, if it has already reached a minor injury, it will constitute the crime of intentional injury, and serious injury is more serious.

    Legal basis: Article 234 of the Criminal Law of the People's Republic of China Whoever intentionally injures the body of another person shall be sentenced to up to three years imprisonment, 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.

  2. Anonymous users2024-02-12

    Legal Analysis: A fight that causes minor injuries to the victim is a criminal case. If it does not cause minor injuries to the victim, it does not need to bear criminal responsibility, but shall bear the corresponding civil damages and administrative liability.

    If the victim is slightly injured, the procuratorate shall prosecute him for the crime of intentional injury.

    Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 43 Whoever assaults another person or intentionally harms another person's body 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.

  3. Anonymous users2024-02-11

    Legal analysis: whether the fight is a criminal case depends on the actual situation, generally the fight causes more than minor injuries or other serious circumstances will be investigated for criminal responsibility, if the circumstances are relatively minor, it is a relatively minor violation, and the public security organs will impose public security penalties on them. Criminal cases refer to cases in which a criminal suspect or defendant is accused of violating social relations protected by the criminal law, and the state investigates and tries the criminal case for investigation and trial and imposes criminal sanctions, such as fixed-term imprisonment, death, deprivation of political rights, and fines.

    In criminal cases, the state criminal justice organs generally intervene, and after the victim or the public reports the case, the public security and procuratorial organs intervene. The procuratorate then prosecutes the defendant on behalf of the state, and the court acts as the adjudicator of the law to try the case, so as to achieve the goal of sanctioning the criminal suspect and protecting the legitimate rights and interests of the people.

    Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 43 Whoever assaults another person or intentionally harms another person's body 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 many days are generally detained for fights and brawls 1. Fights and brawls are generally detained for less than five days. 2. If the circumstances are more serious, they will be detained for not less than 5 days but not more than 10 days.

    3. If there are any of the following circumstances, they will be detained for not less than 10 days but not more than 15 days: (1) beating or injuring others in a group; (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 one time.

  4. Anonymous users2024-02-10

    Is a fight a criminal case? Fights are not criminal cases. Fights and brawls do not necessarily constitute a criminal offense, and if the circumstances are minor, they are public security cases that violate the Public Security Administration Punishment Law, and they shall bear the responsibility for the punishment of public security bends.

    If there is damage to property, the crime of intentional destruction of property may be convicted, but it can only be constituted if it reaches a certain amount. According to Article 9 of the Law of the People's Republic of China on Public Security Administration Punishments, the public security organs may mediate and deal with violations of the administration of public security, such as fights and brawls caused by civil disputes, or damage to other people's property in noisy halls, where the circumstances are relatively minor. Where the public security organs mediate and the parties reach an agreement, punishment is not to be given.

    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. The above is the question of whether the fight is a criminal case, I hope it will help you.

  5. Anonymous users2024-02-09

    The seriousness of the fight can be considered a criminal case. According to the provisions of the Criminal Law, a person who assembles 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; The ringleaders and others who actively participate in the event shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

    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 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 heinous social impact; (3) Gathering crowds to fight in public places or on major transportation routes, causing serious disorder in social order; (4) Assembling a crowd to fight with weapons. 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 203, 14, and 232 of this Law.

  6. Anonymous users2024-02-08

    A fight does not necessarily constitute a criminal case, if the fight only causes minor injuries to the participants, it is a public order case, and if it causes the participants to suffer minor injuries or more injuries, it may constitute the crime of intentional injury, which is a criminal case.

    Legal basis] Article 234 of the Criminal Law, 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 the punishment of Brother Hui. 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 special and 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.

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