1. What is the sentencing standard for intentional injury?
(1) Whoever intentionally harms another person's body is generally sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance;
(2) Whoever intentionally harms another person's body and causes serious injuries may be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;
(3) Whoever intentionally harms another person's body by particularly cruel means, causing death or serious disability, shall be sentenced to fixed-term imprisonment of not less than seven years, life imprisonment or death.
2. It may also constitute a crime of provoking trouble. If the perpetrator beats others at will and disturbs social order, he is generally sentenced to fixed-term imprisonment of not more than five years. If the two sides don't know each other, the victim is beaten by two people for no reason, resulting in injury, and the hitter is suspected of making trouble, he should bear criminal responsibility according to law, and may also be required to bear certain civil liability for compensation. Whoever commits one of the following acts of provoking troubles and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:
(1) In the first case, you beat others at will, and the circumstances are bad;
(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;
(four) in public places, causing serious disorder in public places. Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously disrupts social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.
3. It's ok to judge people for affray. If you gather people to beat others many times, it may constitute the crime of gathering people to fight.
(1) For affrays, ringleaders and others who actively participate in them will generally be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance;
(2) Of course, in 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: for example, those who gather people to fight for many times; Affrays are numerous, large in scale and have a bad social impact; Gathering people to fight in public places or traffic arteries, causing serious social disorder; Armed fight. If affrays cause serious injury or death, they may be convicted and punished in accordance with the provisions on intentional injury and intentional homicide.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis:
Criminal law of the people's Republic of China
Article 234 Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
Article 293 Whoever commits one of the following acts of provoking troubles and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:
(a) beating others at will, and the circumstances are bad;
(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;
(4) Causing serious disorder in public places.
Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.