My brother got into a group fight, was arrested, and was locked up for 8 months, and he couldn t be

Updated on society 2024-08-02
12 answers
  1. Anonymous users2024-02-15

    The maximum period of criminal detention is not to exceed 30 days; The time for approving the arrest is 7 days; The maximum period of investigative detention after approval of arrest is not to exceed 2+1+2+2=7 months; 1 month for review for prosecution, 1 month for supplementary investigation, and no more than 2 times for return for supplementary investigation (1 + 1 + 1 = 3 months).

    It depends on what stage of the criminal prosecution process your friend is in. Your friend and your friend's next of kin and a lawyer can apply for bail.

    Relevant legal articles Article 92: Criminal suspects who do not need to be arrested or detained may be summoned to a designated location in the city or county where the criminal suspect is located or to his residence for interrogation, but the supporting documents of the people's procuratorate or public security organ shall be presented.

    The duration of a summons or custodial summons must not exceed 12 hours. Criminal suspects must not be covertly detained in the form of continuous summons or custodial summonses.

    Article 124: The period of investigative detention after arrest of a criminal suspect must not exceed 2 months. In cases where the circumstances of the case are complicated and cannot be concluded at the completion of the time limit, an extension of one month may be granted upon the approval of the people's procuratorate at the level above.

    So find the public security bureau at the next level to report the situation.

  2. Anonymous users2024-02-14

    The period for offenders who are under control is between 3 months and 2 years.

    The period of detention is between 1 month and 6 months.

    You first ask clearly in the reverse.

  3. Anonymous users2024-02-13

    According to article 292 of the Criminal Law, the crime of assembling a crowd to fight, and assembling 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. where the circumstances are serious, a sentence of between three and ten years imprisonment may be given.

    They are not the same criminal responsibility, the principal offender will be severely punished, and the accomplice should be educated. As you said, your friend should not be aware of it in advance, and it shouldn't be your friend who hurts people, try to push things on others, and do more work, there should be no big problems, and the attitude must be sincere. If the aftermath of the matter can be done well, I personally don't think it will be judged.

    Good luck!

  4. Anonymous users2024-02-12

    It shouldn't be able to live.,Help him prepare for the aftermath.。。

  5. Anonymous users2024-02-11

    The sentence depends on the degree of harm to the other party; Yes; surrender and earnestly reform; Look at the interests of the other party, whether there is a major contradiction.

  6. Anonymous users2024-02-10

    Those who engage in group fights that do not constitute a crime will be detained for between 5 and 10 days. Where social order is seriously disrupted and a crime is constituted, the ringleaders and active participants shall be investigated for criminal responsibility and shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years in accordance with the provisions of the Criminal Law.

    Article 43 of the Public Security Administration Punishment Law of the People's Republic of China "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 beating or injuring others; (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 blindly beating or injuring multiple people at one time.

  7. Anonymous users2024-02-09

    Those who engage in group fights are to be detained for not less than 10 days but not more than 15 days, and a fine of not less than 500 yuan but not more than 1,000 yuan is to be imposed.

    If a crowd is gathered to fight in a public place, seriously disrupting social order, it may also be suspected of the crime of assembling a crowd to fight, and the ringleaders and active participants should be investigated for criminal responsibility, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years in accordance with the provisions of the Criminal Law.

    Legal basis] Article 43 of the Public Security Administration Punishment Law: 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.

    1) Gang up to beat or injure others;

    (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 a time.

  8. Anonymous users2024-02-08

    Summary. Hello, generally sentenced to detention of not less than 10 days but not more than 15 days, and a fine of not less than 500 yuan but not more than 1,000 yuan.

    Hello, generally sentenced to detention of not less than 10 days but not more than 15 days, and a fine of not less than 500 yuan but not more than 1,000 yuan.

    1.According to the law, the suspected crime of injury that causes more than minor injuries in a fight against a fan and a brawl must be investigated for criminal responsibility; 2.If it does not constitute a crime, it shall be punished by public security. At the same time, according to the fault liability status of both parties, they shall bear civil liability for compensation respectively.

  9. Anonymous users2024-02-07

    The criminal case can only be sentenced for half a year after it starts, and your brother is determined whether to provoke or gather a crowd to fight.

  10. Anonymous users2024-02-06

    Hello.

    I. A criminal case goes through five separate steps: (filing) investigation, review and approval of arrest, continued investigation, review for prosecution, and court trial. During this period, he was detained in a detention center unless he was released on bail pending trial.

    2. The time limits for handling cases are as follows:

    1. Criminal detention for 30 days; 2. Review and arrest for 7 days; 3. The investigation period is 60 days; 4. Review for prosecution for 45 days;

    5. The court will hear the case for 45 days; The above totals 197 days, and this does not include what may have happened

    6. During the review for prosecution stage, return to the public security organs for supplementary investigation (up to 2 times, 30 days, and recalculate the time limit for review for prosecution each time);

    7. During the trial phase of the court, the procuratorate deems it necessary to postpone the time limit for the trial (up to 2 times, 30 days, and the time limit for each trial stage is recalculated).

    3. Before the judgment takes effect, relatives and friends other than the case-handling personnel may not visit the suspect.

    IV. Where a fight is not sufficient to commit a crime while in custody, it is a sentencing factor for the court to consider a heavier punishment at its discretion, and the punishment may be increased by 10% as appropriate. Where a crime is constituted, the punishment for the multiple crimes is combined, and the punishment will certainly be increased.

  11. Anonymous users2024-02-05

    Only lawyers can meet with them, and being cheated of money by fake lawyers is not within the scope of our solution. Lawyer Guan Dongping, a professional criminal defense lawyer in Guangzhou.

  12. Anonymous users2024-02-04

    It depends on whether it constitutes a crime.

    Zongheng Legal Network-Hunan Zhuojin Law Firm-Lawyer He Xiangqian.

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