If the judicial organ finds that it did not do it by itself, it will determine how to deal with it according to the severity, complexity, social impact and consequences of the whole case. It can be given a lighter punishment or even exempted from criminal punishment. However, how to confirm the specific situation requires the judicial organs to find out the truth and take appropriate measures. (a) in the trial of affray cases, attention should be paid to identifying the ringleaders. The ringleaders of affrays refer to the organizers, planners and commanders of affrays. Whether the second picket who picketed and gathered others was identified as the ringleader or not depends on the situation. (2) An active participant in affray refers to a person other than the ringleader who plays a major role in affray or directly causes casualties. (3) Those who play the role of organizing, planning and directing behind the scenes, regardless of whether they directly participate in fighting or not, should generally be identified as ringleaders; People who are active and play an important role in gathering people to fight and preparing for fights, regardless of whether they are directly involved in fights, should generally be recognized as active participants.
The crime of affray refers to the act of affray and disrupting public order for revenge, hegemony or other improper purposes. The constitutive characteristics of the crime of affray 1, the object of crime The object of this crime is public order. 2. The objective aspect of crime The objective aspect of this crime is the act of affray. Gathering fights mainly refers to group fights for personal vendetta, hegemony or other improper purposes. 3. Subject of the crime The subject of this crime is a general subject, and any natural person who has reached the age of 16 and has the ability of criminal responsibility can constitute this crime. But not all participants in affray constitute this crime. Only the ringleaders and other active participants in affray can constitute the subject of this crime. 4. Subjective aspect of crime The subjective aspect of this crime is intentional crime. Sentencing standard for affray crime 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 10 years: (1) repeatedly gathering people to fight; (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 the Criminal Law on the crime of intentional injury and intentional homicide. In the process of gathering people to make trouble and fighting, it is best to stop related criminal acts, otherwise they will be severely dealt with by law enforcement officers, and the consequences will be quite serious. At the same time, in the education and protection of minors, we should also increase relevant education and guidance to promote the healthy growth of minors and stabilize social order. Under normal circumstances, the laws and regulations of our country punish the ringleaders and active participants in affray, and do not punish some behaviors that generally participate in affray, but if the behavior of the perpetrator violates other laws and regulations, it is also necessary to start.
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Legal basis: The concept of * * * the same crime in Article 25 of the Criminal Law refers to the intentional crime committed jointly by two or more persons. If two or more people commit a negligent crime, they shall not be punished as negligent crimes; Those who should bear criminal responsibility should be punished according to the crimes they committed. Article 26 The ringleaders are those who organize and lead criminal groups to engage in criminal activities or play a major role in joint crimes. A relatively fixed criminal organization in which three or more persons jointly commit crimes is a criminal group. The ringleaders who organize and lead a criminal group shall be punished according to all the crimes committed by the group. Principal offenders other than those specified in the third paragraph shall be punished according to all the crimes they participated in, organized or directed. Article 27 A person who plays a secondary or auxiliary role in the same crime is an accessory. An accessory shall be given a lighter, mitigated or exempted punishment. Article 28 A person who is coerced to participate in a crime shall be given a mitigated punishment or exempted from punishment according to the circumstances of his crime. Article 29 Whoever instigates others to commit a crime shall be punished according to his role in the joint crime. Whoever instigates a person under the age of 18 to commit a crime shall be given a heavier punishment. If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment.