Anyone who participates in affray will be arrested, but the affray constitutes a crime;
Generally, only the ringleaders and other active participants will be convicted and punished. The so-called ringleaders refer to criminals who play the role of organizing, planning and directing in the affray;
The so-called other active participants refer to the criminals who play an important role in the affray in addition to the ringleaders. Ordinary participants can only be investigated for administrative responsibility in accordance with the Regulations on Administrative Penalties for Public Security.
[Legal basis] Article 292 of the Criminal Law: If people gather 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) 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.