As a compulsory measure in criminal proceedings, criminal detention can be used to ensure the smooth progress of criminal proceedings. As a case of public prosecution, the public security and judicial organs have the right to take compulsory measures for criminal detention of criminal suspects and defendants. So, what about being detained for affray? If a person is arrested for affray, he needs to entrust a lawyer to defend him in time.
According to the regulations, those sentenced for affray may be sentenced to the following penalties: 1. Whoever gathers people to fight shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; 2. 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: (1) Those who gather people to fight for many times; (2) affrays are large in number and scale and have a bad social impact; (3) Gathering people to fight in public places or traffic arteries, thus causing serious social disorder; (4) What should I do if I am criminally detained for armed affray? 3. Whoever causes serious injury or death by provoking troubles shall be convicted and punished in accordance with the provisions on intentional injury and intentional homicide.
Revocation of probation and its handling. If a criminal who has been suspended commits a new crime within the probation period of probation or finds that other crimes have not been sentenced before sentencing, the probation shall be revoked, and a judgment shall be made on the newly committed crime or newly discovered crime, and the punishment to be executed shall be decided in accordance with the provisions of Article 69 of this Law. During the probation period of probation, a criminal who has been suspended violates laws, administrative regulations or the supervision and management regulations of the relevant departments of the State Council, or violates the judgment of criminal lawyers of the people's court: what should I do if I am criminally detained for affray? If the circumstances are serious, my probation shall be revoked and the original sentence shall be executed.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis: Article 67 of the Criminal Procedure Law, the people's courts, people's procuratorates and public security organs may obtain bail for a criminal suspect or defendant under any of the following circumstances: (1) Those who may be sentenced to public surveillance, criminal detention or independently apply additional punishment; (two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger; (3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger; (four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
Bail pending trial shall be executed by the public security organ.