Do both sides of the fight 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.

Whether or not both sides of the fight are to be detained depends on the circumstances

1. If there is no evidence, both parties will be liable, and if the party is slightly injured, the other party will be held criminally responsible;

2. Similarly, if the other party is finally found to have suffered more than minor injuries, the party concerned will also be held criminally responsible, and if the injury is not minor enough, he will be detained by public security;

3. Responsibility should also 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.

Legal basis: Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments.

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.

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.

What are the conditions of detention.

1. Those who are preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime;

2. The victim or a person who witnessed it at the scene identified him as having committed the crime;

3. Evidence of a crime is found in the vicinity or residence;

4. Attempting suicide, escaping, or being on the run after committing a crime;

5. There is a possibility of destroying or fabricating evidence or colluding confessions;

6. Not telling the real name and address, and the identity is unknown;

7. There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.

If they beat each other, both parties will be detained.

It 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 mutual assault or intentional injury, etc., and where the circumstances are relatively minor, punishment may not be imposed through mediation. According to the relevant laws and regulations, 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, 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 violator of the administration of public security in accordance with the provisions of the law, and inform the parties that they may file a civil lawsuit in the people's court in accordance with law regarding the civil dispute.

Not all sides of a fight are detained. 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, and where the circumstances are relatively minor, punishment may not be imposed through mediation.

If one party is slightly injured, the other party will be held criminally responsible and may be criminally detained. Similarly, if both parties constitute minor injuries, both parties will be held criminally liable. If the injury is not slight, he will be detained by public security, and according to the "Public Security Administration Punishment Law", a person who assaults another person, or intentionally injures another person's body, will be detained for not less than 5 days but not more than 10 days.

1. A few days of beating and detaining.

Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments stipulates that anyone who assaults another person or intentionally injures another person shall be detained for not less than 5 days but not more than 10 days and shall also be fined not less than 200 yuan but not more than 500 yuan; Those who form groups, repeat assaults, or injure multiple people, or assault or injure disabled persons, pregnant women, persons under the age of 14, or persons over the age of 60, are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB.

Therefore, depending on the severity of the fight, if it does not constitute minor injuries, the maximum administrative detention is 15 days. If it constitutes a minor injury, it is not a simple administrative detention, but a suspected crime, which may be sentenced to controlled release, criminal detention, or fixed-term imprisonment or above.

2. How to deal with general fights?

Minor injuries in fights are generally dealt with in accordance with the conviction and sentencing of the crime of intentional injury, and at the same time, they must also bear civil liability for compensation to the victim. If it is possible to compensate the victim positively and the victim's forgiveness is obtained, then the court may impose a lenient sentence on the party at its discretion. In short, minor injuries are at the level of injuries that can be convicted and sentenced.

Where a fight causes minor injuries constitutes the crime of intentional injury, and where the body of another person is intentionally harmed, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given. At the same time, it is also necessary to bear civil liability for compensation to the victim. If positive compensation can be made and the victim's forgiveness is obtained, it may be used as a statutory discretionary mitigating circumstance.

Both parties to the fight are slightly injured and can be dealt with through mediation, and after mediation, both parties may not be held criminally responsible.

If the mediation fails, the public security organs will investigate the criminal responsibility of both parties, transfer the case to the procuratorate for review and prosecution, and then the two parties will submit a claim for compensation for the criminal case attached to the civil case, and the court will make a judgment. It is recommended that both parties mediate.

If the public security organs do not pursue the case, the two parties can negotiate compensation and not pursue each other's criminal responsibility, and of course, they can also file a private prosecution to demand that the other party be held criminally responsible for intentional injury.

If the circumstances of the fight are minor and there are no serious consequences, the "Public Security Administration Punishment Law" will be used to impose public security punishments; If the circumstances are serious and cause serious consequences, they shall be punished as the crime of assembling a crowd to fight in accordance with the provisions of the Criminal Law. 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.

Summary. Legal basis: Article 26 of the Law of the People's Republic of China on Public Security Administration Punishments:

Those who exhibit any of the following conduct 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. Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments:

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. 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 beating or injuring 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.

Hello, legal analysis: should both parties be detained in a mutual assault fight: whether both parties should be detained should be determined according to 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 26 of the "Public Security Administration Punishment Law of the People's Republic of China": Anyone who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined up to 500 yuan; 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. 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 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) Gang beating or injuring 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.

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Both parties are subject to detention, and in China, when both sides of a fight are slightly injured, the public security organs usually impose administrative detention penalties on both parties in accordance with the provisions of the Public Security Administration Punishment Law.

Do both sides of the fight have to be detained

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Both sides are subject to detention, and in China, both sides of a fight are slightly injured, and the public security authorities usually punish both sides with administrative detention in accordance with the provisions of the "Public Security Administration Punishment Law".

Legal basis: The relevant legal basis of China is Article 46 of the "Public Security Administration Punishment Law of the People's Republic of China", which stipulates that if a person fights and fights a friend, and the party does not make a reply, he shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan; where the circumstances are more minor, they may be detained for up to 5 days or fined up to 500 RMB. If one of the parties is seriously injured, criminal liability may be involved, and the relevant provisions of the specific Criminal Law are Article 230 of the Criminal Law of the People's Republic of China

Intentionally causing bodily harm to others, causing minor injury or injury, is to be sentenced to up to three years imprisonment, short-term detention or controlled release.