1. Students who have reached the age of 14 gather to fight and cause serious injuries, which constitutes the crime of intentional injury and shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Among them, people under the age of 18 should be given a lighter or mitigated punishment.
2. Students who have reached the age of 14 gather to fight and cause death, which constitutes the crime of intentional homicide and is sentenced to death, life imprisonment or fixed-term imprisonment of 10 years or more. If the circumstances are minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Among them, people under the age of 18 should be given a lighter or mitigated punishment.
How to determine the ability of criminal responsibility
1. A person who has reached the age of 16 commits a crime and should bear criminal responsibility. It is worth noting that people who have reached the age of 16 will bear full criminal responsibility for committing crimes. This is a presumption based on the consideration of the general physical and mental maturity of people who have reached the age of 16.
2. A person who has reached the age of 14 and is under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion or throwing dangerous substances, and shall bear criminal responsibility. Different from the above, the age of criminal responsibility here is relative. That is to say, a person who has reached the age of 14 and is under the age of 16 will bear criminal responsibility only when committing the above-mentioned criminal acts.
3./kloc-People under the age of 0/4 are not criminally responsible. It should also be noted here that this age stage is completely irresponsible.
4. A person who has reached the age of 14 but under the age of 18 commits a crime, and shall be given a lighter or mitigated punishment.
5./kloc-Those under the age of 0/6 will not be punished, and their parents or guardians will be ordered to discipline them, and if necessary, they can be adopted by the government.
6. A person who has reached the age of 75 who commits a crime may be given a lighter or mitigated punishment; Whoever commits a crime negligently shall be given a lighter or mitigated punishment.
7. If a mental patient causes harmful results when he cannot identify or control his behavior, he shall not bear criminal responsibility if he is confirmed by legal procedures, but his family members or guardians shall be ordered to strictly guard and treat him; When necessary, the government forces medical treatment.
8. Intermittent mental patients who commit crimes when they are mentally normal shall bear criminal responsibility.
9. A mental patient who has not completely lost the ability to identify or control his own behavior commits a crime, and shall bear criminal responsibility, but may be given a lighter or mitigated punishment.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 292 of the Criminal Law.
Whoever gathers people to fight 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 punished in accordance with the provisions of Article 234 of this Law.
Article 232.
Provisions on conviction and punishment.