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What are the sentencing standards for the crime of affray

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What are the sentencing standards for the crime of affray


        

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  • 2024-06-02 04:00:48

    The crime of affray refers to the act of gathering people to fight with each other in groups in order to retaliate against others, fight for hegemony or other improper purposes, so as to undermine public order.

    Those who gather to fight shall be sentenced according to the following standards:

    1. If people are gathered to fight, the ringleaders and other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance;

    2. 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 10 years:

    (1) Gathering people to fight for many times;

    (2) The number of people gathered to fight is large, the scale is large, and the social impact is bad;

    (3) Gathering people to fight in a public place or on an important traffic road, causing serious disorder of social order;

    (4) Gathering people to fight with weapons.

    [Legal Basis]

    In Article 292 of the Criminal Law, if people are gathered to fight, the ringleaders and other active participants 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 10 years: (1) repeatedly gathering people to fight; (2) The number of people gathered to fight is large, the scale is large, and the social impact is bad; (3) Gathering people to fight in a public place or on an important traffic road, causing serious disorder of social order; (4) Gathering people to fight with weapons. Whoever gathers people to fight and causes serious injury or death to a person shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.

    Liu***

    2024-06-02 04:00:48

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