Defendant Li, an employee of a company, often quarreled with Company Kang because of the project payment and treatment. Considering that Kang and others have been looking for reasons to ask for unreasonable behaviors such as labor costs and funds for a long time, the two sides have a fierce conflict due to differences of opinion, so they rushed the personnel brought by Kang to the second floor to fight. After the incident, Li was criminally detained on suspicion of gathering people to fight.
Defender: Lawyer Zhang Tao of Beijing Yingke (Hangzhou) Law Firm.
Criminal law of the people's Republic of China
Article 292 of the Criminal Law is the crime of affray; Crime of intentional injury; Whoever engages in affray and commits the crime of intentional homicide 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 convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.
"Rules of Criminal Procedure of the People's Procuratorate (Trial)" Article 139 The people's procuratorate shall arrest a criminal suspect who has evidence to prove that there are criminal facts and may be sentenced to more than fixed-term imprisonment, which is not enough to obtain bail pending trial, so as to prevent the following social dangers:
(a) it is possible to commit a new crime, that is, the criminal suspect has committed crimes repeatedly, continuously and vagrantly, and his subjective viciousness and criminal habits indicate that it is possible to commit a new crime, and there is some evidence to prove that the criminal suspect has started planning and preparing to commit a crime;
(2) There is a real danger of endangering national security, public safety or social order, that is, there is certain evidence or signs that the criminal suspect is actively planning, organizing or preparing to commit a major illegal and criminal act endangering national security, public safety or social order before or after committing a crime;
(3) It is possible to destroy or falsify evidence and interfere with witness testimony or collusion, that is, there is certain evidence to prove or there are signs that the criminal suspect has started or attempted to destroy or falsify evidence before or after being brought to justice and interfere with witness testimony or collusion;
(4) There is evidence or indications that the criminal suspect may take revenge on the victim, informant or accuser;
(5) attempted suicide or escape, that is, the criminal suspect committed suicide before or after being brought to justice, or there is certain evidence or signs that the criminal suspect attempted suicide or escape.
There is evidence to prove that there is a criminal fact, which means that the following circumstances are met at the same time:
(a) there is evidence that a criminal fact has occurred;
(2) There is evidence to prove that the criminal facts were committed by the criminal suspect;
(3) The evidence proving that the criminal suspect has committed a criminal act has been verified.
The fact of a crime can be the fact of a single criminal act or the fact of any one of several criminal acts.
Processing flow:
After accepting the entrustment, the defender's lawyer went to the detention center several times to meet Li. In order to find evidence favorable to the suspect Li, Zhang
Legal basis: Article 292 of the Criminal Law of People's Republic of China (PRC), if people gather to fight, the ringleaders and other active participants 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 convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.