1. For the crime of gathering people to fight in Article 292 of the Criminal Law, the principle of sentencing is fixed-term imprisonment of not more than three years, criminal detention or public surveillance. If not: gathering people to fight for many times; Affrays are numerous, large in scale and have a bad social impact; Gathering people to fight in public places or traffic arteries, causing serious social disorder; Armed fight. It will not be sentenced according to a fixed-term imprisonment of more than three years and less than 10 years. 2. According to Article 72 of the Criminal Law, those who must be sentenced to probation are those who are sentenced to fixed-term imprisonment of not more than three years or criminal detention, and the suspects are pregnant women under the age of 18 and elderly people over the age of 75. Therefore, the criminal suspect is a minor, and whoever gathers people to fight is not given a heavier punishment shall be sentenced to fixed-term imprisonment of not more than three years (excluding public surveillance). 3. After the criminal suspect is sentenced to probation, the personal punishment is not executed. As long as the probation period expires, individual punishment is equal to execution or not, and it is publicly announced. Parents of minors should bear civil liability for compensation to the victims.
Legal objectivity:
Article 72 of the Criminal Law may be suspended for criminals sentenced to criminal detention or fixed-term imprisonment of not more than three years, provided that the following conditions are met at the same time, and suspended for people under the age of 18, pregnant women and people who have reached the age of 75: (1) The circumstances of the crime are relatively minor; (2) showing repentance; (3) There is no danger of committing a crime again; (four) the announcement of probation has no significant adverse effects on the community where he lives. Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation. If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed. Article 76. A criminal who has been declared suspended shall, within the probation period, accept community correction according to law. If there are no circumstances stipulated in Article 77 of this Law, the probation period of probation expires, and the original sentence will not be executed, and an announcement will be made.