If a prisoner fights in a prison, the people's police in the prison area may mediate and give him a warning, demerit or confinement according to the specific circumstances. The detention period is seven to fifteen days. If a crime is constituted, criminal responsibility shall be investigated according to law. When a prisoner fights in prison, the people's police in the prison area can mediate and give him a warning, demerit or confinement according to the specific circumstances. The prison guard shouted and stopped it on the spot. If they can stop, they will take the prisoners to the office together and ask the reason of the fight, who made the first move, who made the first move and who was seriously injured. After the investigation, according to the seriousness of the case.
What is the crime of fighting?
1. If it is only intentional injury, it is a crime of "infringement of personal rights". Those who cause minor injuries or more are suspected of "intentional injury";
If the circumstances are minor and have not caused serious consequences, the Public Security Administration Punishment Law shall be applied for public security punishment; If the circumstances are serious and cause serious consequences, it shall be punished as the crime of affray in accordance with the provisions of the Criminal Law. Depending on the seriousness of the case, causing minor injuries or more, it constitutes a crime of intentional injury and will be sentenced.
As long as it constitutes a crime of intentional injury and causes minor injuries, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Whoever causes serious injury or disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. In a case of intentional injury, if the defendant accidentally injured the victim in a rage because the victim was obviously at fault before the incident, and the circumstances are obviously minor, and the defendant can actively compensate the victim for economic losses after the incident, it should generally be given a lighter or exempted punishment. The incidental civil compensation caused by the crime of intentionally hurting others' bodies belongs to the category of criminal law adjustment and should be punitive.
2. If it is the nature of beating others at will, it belongs to the crime of disturbing public order. If you cause minor injuries or more, or beat others at will with a weapon, you are suspected of "seeking trouble";
3. If two parties gather to fight, it is a crime of "disturbing public order". Generally, there are more than five people on both sides, which is suspected of "gathering people to fight".
Crimes in prisons are generally under the jurisdiction of prisons. Criminals who commit fighting and other illegal acts during their prison sentences will not only be restricted from reducing their sentences, but will also be considered as committing new crimes if the circumstances are serious. At this time, they will be sentenced to certain criminal punishment again. Criminals must strictly abide by prison regulations while serving their sentences.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 58 of the Prison Law, if a prisoner violates the supervision order and has one of the following circumstances, the prison may give him a warning, record a demerit or lock him up: (1) gathering people to disturb the prison order and disturb the normal order; (2) Insulting or beating the people's police; (3) bullying other criminals; (four) theft, gambling, fighting, stirring up trouble; (5) Having the ability to work, refusing to take part in labor or slacking off, and refusing to change after education; (six) to avoid labor by self-injury, self-injury, etc.; (7) Deliberately violating the operating rules or intentionally damaging the production tools in production and labor; (eight) other acts in violation of the rules and regulations. According to the provisions of the preceding paragraph, the term of imprisonment of criminals is from seven days to fifteen days. If a criminal commits one of the acts listed in the first paragraph during his sentence, which constitutes a crime, he shall be investigated for criminal responsibility according to law.