(1) For each additional person, the sentence will be increased by one month to two months;
(2) For each additional person with minor injuries, the sentence will be increased by three to four months;
(3) For each minor injury, the sentence will be increased from 4 months to 6 months;
(4) If the number of affrays reaches five times, the sentence will be increased by one to two months for every three times;
(5) If a crowd fights twice, the sentence will be increased from six months to one year;
(6) If affrays cause traffic disorder, the sentence will be increased from six months to one year;
(7) Other circumstances that can increase the amount of penalty.
2. Sentencing starting point and benchmark punishment for statutory fixed-term imprisonment of not less than three years but not more than ten years: the four situations specified in the first paragraph of Article 292 (that is, gathering people to fight for many times; Affrays are numerous, large in scale and have a bad social impact; Gathering people to fight in public places or traffic arteries, causing serious social disorder; One of the armed affrays can determine the starting point of sentencing within the range of fixed-term imprisonment of not less than three years but not more than five years. On the basis of the starting point of sentencing, the amount of punishment can be increased and the benchmark punishment can be determined according to the criminal facts such as the number of times, the severity of means and the consequences of injury. In any of the following circumstances, the corresponding punishment may be increased:
(1) Each of the four situations specified in the first paragraph of Article 292 of the Criminal Law (including gathering people to fight for more than three times; The number of affrays is more than 20, and the number and scale are relatively large);
(2) Every time a minor injury is added, the sentence will be increased by one month to two months;
(three) minor injuries, each additional person, the sentence increased by three to four months;
(4) For each minor injury, the sentence will be increased from 4 months to 6 months;
(5) If the number of affrays exceeds three times, the sentence will be increased by six months to one year for each increase;
(6) If the affray reaches 20 times, the sentence will be increased by 1 month to 2 months for every 3 times;
(7) If affrays cause traffic chaos, the prison term will be increased from six months to one year.
(8) Other circumstances that can increase the amount of penalty.
3. Under any of the following circumstances, the benchmark penalty may be increased by less than 20%:
(1) Organize minors to gather together to fight;
(two) affray caused property losses;
(three) affray with the nature of the underworld;
(four) other circumstances that can be severely punished.
4. If a civil dispute causes trouble or there are other circumstances that can be given a lighter punishment, it can be reduced by less than 20% on the basis of the benchmark punishment.
Legal basis: Article 292 of the Criminal Law of People's Republic of China (PRC), if people gather to fight, the ringleaders and other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Under any of the following circumstances, the ringleaders and other active participants shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years:
(a) repeatedly affray;
(2) affrays are large in number and scale and have a bad social impact;
(three) in public places or traffic arteries, causing serious social disorder;
(4) Armed affrays.
Whoever gathers people to fight and causes serious injury or death shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.