According to the Law on Public Security Administration Punishment, those who beat others or intentionally hurt others' bodies shall be detained for more than five days and less than ten days, and fined between 200 yuan and 500 yuan. Under any of the following circumstances, the offender shall be detained for more than 10 and less than 15, and fined for more than 500 yuan and less than 1000 yuan: (1) gang beating and injuring others; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 60; (3) Beating or injuring others for many times or beating or injuring more than one person at a time. This is an act of gang beating and hurting others. Be detained for more than 10 days and less than 15 days, and be fined more than 500 yuan and less than 1,000 yuan.
Second, what is the crime of fighting?
It depends on the charges of fighting, but also depends on the nature of the specific behavior:
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";
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".
3. What are the penalties for fighting which constitutes a crime?
If the circumstances of fighting are minor and have not caused serious consequences, the public security 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.
Punishment for intentional injury caused by fighting;
The first paragraph of Article 234 of China's Criminal Law stipulates: "Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance." Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
According to the provisions of this article, as long as it constitutes the 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.
Article 36 of the Criminal Law clearly stipulates: "If the victim suffers economic losses due to criminal acts, he shall be given criminal sanctions according to law and compensation for economic losses according to the circumstances." Even if the circumstances of the crime are minor, there is no need to impose a penalty in order to be exempted from criminal punishment. Article 37 of the Criminal Law stipulates: "According to the different circumstances of the case, disciplinary action may be taken or an order may be made to make a statement of repentance, apologize and compensate for the losses."
Fighting constitutes a punishment for the crime of stirring up trouble;
Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.
Punishment for the crime of fighting;
Article 292 of China's criminal law stipulates that those who gather 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:
1, repeatedly gathering people to fight;
2, affray a large number of people, large scale, bad social impact;
3, in public places or traffic arteries, causing serious social disorder;
4, armed to find trouble.
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.
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