First, the crime of affray:
Refers to the act of ganging up to fight and undermining public order.
Only the ringleaders and other active participants in affray can constitute the subject of affray crime. The so-called ringleaders refer to criminals who play the role of organization, planning and command in affray; The so-called other active participants refer to criminals who play an important role in affray except the ringleaders. For ordinary participants, administrative responsibility can only be investigated according to the regulations on administrative penalties for public security, and it cannot constitute the subject of the crime of gathering people to fight.
Second, now your boyfriend has been under criminal detention.
Criminal detention is not administrative detention. Criminal detention itself is not a penalty, but a compulsory measure, and its purpose is to ensure the smooth progress of criminal proceedings in the future. In other words, your boyfriend will be fine without staying in the detention center for a few days. He may be investigated for criminal responsibility.
Third, the punishment of criminal law:
Article 292 of the Criminal Law stipulates that those who gather 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.
? Four, the duration of criminal detention, and what family members can do:
? Under normal circumstances, it is 14 days; The longest can be 37 days. With the notice, family members can go to the detention center and send some money (deposited in a special personal account) or clothes (without metal buttons).
1. Relatives cannot meet before the judgment takes effect.
Its purpose is to prevent collusion and destruction of evidence. According to the laws of our country, close relatives are not allowed to meet with criminal suspects and defendants in custody, and only lawyers entrusted by them can meet and understand the case and put forward defense opinions to the case-handling organs.
The entrusted lawyer can meet him.
From the day when the criminal suspect is interrogated for the first time by the investigation organ or compulsory measures are taken, the lawyer, defendant or his legal representative or close relatives entrusted by the criminal suspect may apply to the detention center for meeting the criminal suspect in custody. ?
? ? Suggestion: 1, get him a lawyer; 2. The food in the detention center is average. If you don't send some money at home, the food will soon be gone. I don't know. I can only eat rice and soup If you have money in your account, people inside can order a meat dish. In addition, family members can send some clothes to the detention center. Food and medicine are not allowed. Don't wear anything metal on your clothes (to prevent suicide or injury to others). You'd better wear stretch pants. Shoes are preferably cloth shoes, which are comfortable to wear. Leather shoes are not allowed.