What is the sentencing standard for affray?

1. What is the sentencing standard for affray? 65,438+0. The statutory punishment is fixed-term imprisonment of not more than three years, criminal detention and public surveillance. From 1, the number of participants from both sides reached 5, ranging from 6 months to 1 year for 6 months. 2, the statutory sentence of not less than three years but not more than ten years of fixed-term imprisonment for three times; Gathering more than 20 people to fight, which is large in scale and has a bad social impact; Gathering people to fight in public places or traffic arteries, causing serious social disorder; Anyone who participates in armed affrays shall be sentenced to 4 -5 years' imprisonment. 3. On the basis of the starting point of sentencing, increase the penalty according to the number, frequency, means and consequences of the criminal facts that affect the composition of the crime, such as affray, and determine the benchmark penalty. Under any of the following circumstances, the corresponding punishment may be increased: (1) For every 1 person who is slightly injured, the sentence may be increased by 1 -2 months; (2) For every increase of 1 person in minor injuries, the prison term can be increased by 3 -6 months; (3) If the number of affrays exceeds 3 times, the term of imprisonment can be increased by 6 months to 1 year for every increase of 1 time; (4) If the number of affrays exceeds 20 times, the prison term can be increased by 1-2 months for every 3 times; (5) If people gather to disturb traffic order, the prison term may be increased by 6 months to 1 year; (6) Under one of the four circumstances stipulated in the first paragraph of Article 292 of the Criminal Law, the fixed-term imprisonment may be increased by 1 -2 years for each additional circumstance. 4. Under any of the following circumstances, the amount of punishment may be increased or decreased accordingly: (1) If minors are organized to gather for affrays, the benchmark punishment may be increased by less than 20%; (2) If affrays cause losses to public or private property, the benchmark punishment may be increased by less than 20%; (3) The benchmark punishment can be reduced by less than 20% for the affray caused by civil disputes. Second, the standard for determining the crime of affray is 1. The boundary between the crime of affray and the crime of affray or gang affray caused by civil disputes is mainly manifested in the fact that the latter does not have the motive and purpose of hooliganism and does not belong to hooliganism. Whoever fights or fights among the masses and commits the crime of intentional injury (including minor injuries and serious injuries), intentional homicide or intentional destruction of public or private property shall be punished for what constitutes a crime. 2. The boundary between the crime of affray and the crime of disturbing public places and traffic order is different, and the motive and purpose of the crime are also different. The crime of stirring up trouble is based on the crime of hooliganism, which disturbs public order in various hooliganism activities. The latter crime is based on some personal motives and purposes, and threatens state organs or relevant departments by gathering people to make trouble to meet personal demands. Crime forms are different. The crime of affray can be committed by gathering people or by themselves, and the latter two crimes can only be committed by gathering people. 3. The boundary between the crime of affray and the crime of intentional homicide and intentional injury. 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. This shows that in affray activities, once others are seriously injured or killed, they will be convicted and punished according to the crime of intentional injury and intentional homicide. This is a reformed provision for crime. In life, some people impulsively challenge others to get together and fight out of so-called loyalty. However, for whatever purpose, the act of gathering people to fight violates the provisions of the law and seriously constitutes a crime. If there is a crime of stirring up trouble, the criminal suspect and his family members should contact the criminal defense expert lawyer in time and entrust him to defend the criminal suspect in order to reduce the punishment.