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Both parties to the fight are responsible, and corresponding administrative penalties should be given according to the violation of the law by both parties. A fight or brawl may constitute the crime of intentional injury and be punishable by a penalty if it results in a minor injury of the second degree or more. In addition, if a large number of people are gathered in a fight, and a crowd fight, the ringleaders and others who actively participate in the brawl shall be sentenced to up to three years imprisonment, short-term detention, or controlled release.
Both parties to the fight are responsible, and corresponding administrative penalties should be given according to the violation of the law by both parties. Distinguish responsibility based on 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 forth, where the circumstances are more minor, it may be effective and punishment may not be punished after adjustment.
The law stipulates that 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 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.
According to the relevant laws, whoever assaults another person, or intentionally harms another person's body, is to be detained for not less than 5 days but not more than 10 days, and fined not less than 200 yuan but not more than 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. Ganging up to beat or injure others;
2. Assaulting or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60;
3. Assaulting or injuring others multiple times, or beating or injuring multiple people at one time.
Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments: Whoever assaults another person, or intentionally harms the body of another person, is to be detained for not less than 5 days but not more than 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.
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The punishment for fighting is that if the perpetrator constitutes a criminal offense, the ringleader and others who actively participate in it shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release; Where there are legally-prescribed aggravating 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.
[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 articles 234 and 232 of this Law.
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The punishment for the perpetrators of the fights and brawls is: those who assemble a crowd to fight, and those who actively participate in the brawl shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. The crime of gathering a crowd to fight in Natong 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.
Article 292 of the Criminal Law.
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 Article 234 and Article 232 of this Law.
Injuries caused by fights and brawls are generally subject to administrative detention for up to 10 days. >>>More
If it's a minor injury, you won't face criminal penalties. >>>More
The punishment is too much. It stands to reason that both sides are at fault, and if you explain it, the school should not be so cruel to you, and it will be more beneficial to you if there are witnesses. Unless that teacher has a grudge against you! >>>More
If there is a fight, it is generally not possible to divide the case, but if there are multiple fights and brawls, and the participants are not exactly the same, they can be handled separately. >>>More
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. >>>More