How to convict people by calling for help in a fight?

1、 How to convict people in a fight

Called someone to help fight, suspected Crime of provoking trouble 、 Crime of affray 、 Crime of intentional injury The specific constitution of such crimes depends on the specific circumstances.

If it does not constitute a crime, it is generally handled as a case of public security administration. Beating another person according to the law, or Intentional injury If another person is physically ill, he shall be detained for not less than five days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 500 yuan; If the circumstances are relatively minor, he shall be detained for not more than five days or fined not more than 500 yuan.

Under any of the following circumstances, a person shall be detained for not less than 10 days but not more than 15 days and fined not less than 500 yuan but not more than 1000 yuan:

（1） Beating or hurting others in groups;

（2） Beating or harming a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 60;

（3） Beating or harming others for many times, or beating or harming more than one person at a time.

《 criminal law 》

Article 292 Where people are gathered to fight, the ringleaders and other active participants shall be sentenced to not more than three years fixed-term imprisonment 、 criminal detention perhaps control ； 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.

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.

2、 What are the constitutive elements of the crime of affray

（1） Object Elements

The object of affray crime is public order. The so-called public order should not be simply understood as the order of public places, but refers to the rules and order of common life that should be observed in social public life.

In real life, the crime of affray can be committed in public places, such as parks, cinemas, or in private places. Therefore, no matter where the crime of affray is committed, it should be regarded as violating public order.

（2） Objective Elements

The objective aspect of the crime of affray is the behavior of gathering people to fight in groups. Gathering people to fight mainly refers to fighting in groups for personal hatred, hegemony or other improper purposes.

（3） Main elements

The subject of the crime of affray is the general subject. Any natural person who has reached the age of 16 and has the capacity of criminal responsibility can constitute the crime of affray.

（4） Subjective element

The subjective aspect of the crime of affray is intentional crime. The motive of crime is generally not purely for the conflict of personal interests, nor simply to obtain certain material interests, but to defy the laws and disciplines of the country and social morality, and attempt to seek stimulation or to pursue the satisfaction of some despicable desires through the implementation of mob fighting activities.

The behavior of shouting people to fight completely infringes the public order of our country. As long as it causes serious consequences, it can be identified as criminal offence However, what kind of crime will be convicted needs to be determined in combination with the specific circumstances. Generally, the punishment of those who shout is more serious than that of the participants. Therefore, we must not use violence to resolve disputes, and we will not bear legal responsibility if we deal with them in a peaceful way.