Can the ringleaders of the crime of affray be exempted from criminal responsibility?

There may be no ringleaders in the crime of affray, but there must be active participation. Only the ringleaders and other active participants in affray can constitute the subject of this crime. Whoever gathers people to fight shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

legal ground

Article 292 of the Criminal Law

Whoever gathers 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:

(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.