2. If the criminal suspect surrenders, he may be given a lighter or reduced punishment.
For criminals who have been sentenced to criminal detention or fixed-term imprisonment of less than three years, probation can only be applied if they meet the conditions for probation under the criminal law.
Therefore, although the criminal suspects who gathered to fight have surrendered, the specific circumstances of the case still need to be looked at to determine the final conviction and sentencing.
Criminal Law
Article 67: Anyone who voluntarily surrenders to the police after committing a crime and truthfully confesses his crime shall surrender. Criminals who surrender may be given lighter or reduced penalties. Among them, those who commit minor crimes may be exempted from punishment.
Article 72: Criminals who are sentenced to criminal detention or fixed-term imprisonment of less than three years and meet the following conditions may be suspended. Among them, the issuance is suspended for those under 18 years old, pregnant women and those over 75 years old:
(1) Those who have committed relatively minor crimes;
(2) Those who have shown repentance;< /p>
(3) There is no risk of committing another crime;
(4) The suspended sentence will have no significant adverse impact on the community where he or she lives.
A suspended sentence can be announced based on the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places, and contacting specific people during the probation period.
If a criminal who has been sentenced to probation is sentenced to an additional penalty, the additional penalty must still be executed.
Article 292: Whoever gathers a crowd to fight shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance; under any of the following circumstances, the ringleaders and other active participants shall be sentenced to not less than three years and ten years of imprisonment Fixed-term imprisonment of not more than 1 year:
(1) Those who gather to fight many times;
(2) Those who fight in large numbers, large scale, and have a bad social impact;
(3) Gathering a crowd to fight in a public place or an important traffic thoroughfare, causing serious social disorder;
(4) Gathering a crowd to fight with armed force.
Whoever gathers a crowd 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.