Reconciliation and understanding can be given a lenient punishment, but it cannot be exempted from punishment.
In sentencing, the court will comprehensively consider mitigating circumstances such as criminal motive, subjective malignancy, social harm, recidivism, surrender, meritorious service, and the attitude of the parties to plead guilty.
After obtaining the victim's understanding, if the crime of stirring up trouble is minor, the criminal suspect may not be sentenced, and if criminal responsibility should be investigated, the punishment may be lighter or mitigated.
It is suggested to entrust a lawyer in time, meet the parties, understand the case, provide legal help and apply for bail pending trial; Read the case file, obtain favorable evidence, find out the case, try your best to win the minimum sentence or suspended sentence, do not miss the best opportunity, and protect the legitimate rights and interests of the parties to the maximum extent.
If affray causes serious injury or death, the seriously injured person or the family members of the deceased may file a criminal incidental civil action or a civil action to demand compensation, but the principle of mixed fault liability applies to such compensation. The reason is that when affray leads to serious injury or death, the nature of behavior has changed. According to the second paragraph of Article 292 of the Criminal Law, if people gather to fight and cause serious injuries, it shall be deemed as intentional injury, and if it causes death, it shall be deemed as intentional homicide. For these two kinds of crimes against personal rights, the law stipulates that criminal incidental civil actions can be filed.
Will the crime of affray be transformed into other crimes?
1. The ringleaders who gather people to fight have a plan to fight in advance, have a general intention to cause serious injury or death in the process of fighting, or still hold a laissez-faire attitude such as acquiescence and failure to stop in the process of fighting, regardless of whether they directly carry out the act of injury or murder, they should bear criminal responsibility for the result of causing serious injury or death.
2. If the ringleaders or other active participants in the affray intentionally hurt others, causing serious injury or death, they shall bear the criminal responsibility for the crime of intentional injury or intentional homicide.
3. The active participants in affray have a general understanding of the possible consequences of serious injury or death in the process of affray and cooperate with each other. * * * and * * endangering others to cause serious injury and death are the same crime. Even if the person who is directly responsible for the consequences of casualties can be identified, it should still be considered as intentional injury or intentional homicide.
4. In affray, the perpetrator * * * hurts others, causing serious injury or death, but it is difficult to identify the person directly responsible for the serious injury or death. According to the theory of accomplice. All those who participate in joint injury shall be investigated for criminal responsibility according to the crime of intentional injury or intentional homicide. However, punishment should be imposed according to the degree and role of the perpetrators involved in the fight.
5, affray, hurt innocent people, causing minor injuries, to affray crime. Those who cause serious injury or death to innocent people shall be given a heavier punishment as appropriate for the crime of intentional injury or intentional homicide.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 72 of the Criminal Law may be suspended for criminals sentenced to criminal detention and fixed-term imprisonment of not more than three years, if they meet the following conditions at the same time, and for those 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.