Is a fight between several or more people a group fight? How is a gang fight sentenced?

1) The crime of assembling a crowd to fight refers to the conduct of forming a gang, usually with three or more people, and intentionally 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.

2) Crowd fights are usually manifested in taking revenge on others, fighting for hegemony, or other improper motives in gangs and fighting, often causing serious consequences. It should be distinguished from the crime of picking quarrels and provoking trouble, which is objectively manifested as wanton provocation and causing trouble. Where a fight or even a gang fight is caused by a civil dispute, where the scale is not large and the harm is not serious, it should not be handled as the crime of assembling a crowd to fight, and where other crimes are constituted, it is to be handled as other crimes.

Article 292 of the Criminal Law of the People's Republic of China: Whoever assembles a crowd to fight, and other active participants, shall be sentenced to fixed-term imprisonment of not more than three years, 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.

To fight in a group is to gather a crowd to fight. In a crowd brawl it should be understood that either of the two sides of the brawl is reachedMore than three people

According to article 292 of the Criminal Law of the People's Republic of China, the crime of assembling a crowd to fight is an act of assembling a group of people to fight each other and disrupt public order by gathering people to fight each other in a gang for the purpose of taking revenge on others, competing for hegemony, or for other improper purposes. The object of the crime of assembling a crowd to fight is the so-called public order, which should not be simply understood as the order of a public place.

The crime of assembling a crowd to fight includes all the rules and order of common life that should be observed in public life, and in actual life, the crime of assembling a crowd to fight may be in a public place, such as in a public or theater, or it may also take place in a relatively secluded private place.

How is a gang fight sentenced?

According to article 291 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 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 or fatal death, it is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.

According to the law, the crime of beating a group of people into a crowd brawl is punishable by imprisonment of not more than five years.

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.

Group fights are gang fights, and the consequences of the injuries caused will be punished to varying degrees. If the circumstances of a group fight are serious, it is a criminal offense. where the circumstances are not serious, it is a public security punishment and punishment is to be given in accordance with relevant provisions.

1. How to sentence a group fight.

1. Group fights belong to gang fights, and the different consequences of injuries will be punished to different degrees.

If the circumstances of a group fight are serious, it is a criminal offense, and if the circumstances are not serious, it is a public security punishment and punishment is to be given in accordance with relevant provisions.

2. Legal basis: Article 292 of the Criminal Law of the People's Republic of China.

Crime of assembling a crowd to fight] Those who assemble a crowd to fight are to 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, and 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;

5) Armed gatherings to fight. Where a crowd is assembled to fight, causing serious injury or death, punishment is to be given in accordance with the standards for conviction in articles 234 and 232 of this Law.

2. How to deal with participants in group fights.

Those who are beaten by gangs are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB. If the ringleader who organized, planned, or directed a crowd to fight constitutes a crime, a case shall be filed and prosecuted. Those who actively participate in crowd brawls shall be prosecuted.

Finally, active participants who constitute the crime of assembling a crowd to fight should pay attention to four points:

1. Those who are invited to participate in a brawl and arrive at the scene of the brawl but do not directly participate in the brawl may be found to be an accomplice;

2. Where serious injuries or deaths are caused in a crowd brawl, and neither the direct perpetrator nor the joint perpetrator can be identified, the ringleader shall be convicted and the other active participants shall be given a heavier punishment for the crime of assembling a crowd to fight;

3. Where active participants in a crowd brawl cause serious injuries or more to the other party, and the other active participants do not carry out acts of joint harm and do not cooperate with each other, the other active participants should only be found to be guilty of assembling a crowd to fight;

4. Where a vehicle is driven against an opposing person in a crowd fight, it shall be found to be an armed crowd brawl.

Legal analysisIf the circumstances are minor and there are no serious consequences, administrative punishments are to be used and public security punishments are given, and if the circumstances are serious and serious consequences are caused, they are to be punished as the crime of assembling a crowd to fight. Depending on the severity of the circumstances, if more than minor injuries are caused, the crime of intentional injury is constituted and a sentence is to be imposed. If it is only intentional injury, it is a crime of infringing on personal rights, and if it causes more than minor injury to a person, it is suspected of the crime of intentional injury, and where the body of another person is intentionally harmed, the sentence is up to three years imprisonment, short-term detention or controlled release.

If it is of the nature of arbitrarily assaulting others, it is a crime of disturbing public order, such as pretending to be a servant and causing more than minor injuries to others, or arbitrarily assaulting others with a weapon, it is suspected of the crime of picking quarrels and provoking trouble; If the two sides gather a crowd to fight, it is a crime of disrupting public order, and there are generally five or more people on both sides, and the crime of assembling a crowd to fight is suspected of the crime of gathering a crowd to fight, and a sentence of up to three years imprisonment, short-term detention, or controlled release is to be given.

Legal basisArticle 292 of the Criminal Law of the People's Republic of China: Whoever assembles a crowd to fight, and other active participants, shall be sentenced to fixed-term imprisonment of not more than three years, 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 10 years: (1) Gathering crowds to fight in multiple halls; 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, the crime of demolition is to be punished in accordance with the provisions of articles 234 and 232 of this Law.