Definition of number of people at an illegal gathering

According to the relevant laws and regulations of our country, there are no strict requirements for the number of people required to constitute illegal gatherings. Illegal gatherings refer to: holding assemblies, processions, and demonstrations without applying for or obtaining permission in accordance with legal provisions, or failing to follow the start and end times, locations, and routes permitted by the competent authority, and refusing to obey orders to disband, thus seriously disrupting social order. . The persons responsible and directly responsible for committing this crime shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, surveillance, or deprivation of political rights.

The subject of the crime of illegal gathering is a special subject. Only those responsible and directly responsible for holding assemblies, processions, and demonstrations can be the subject of this crime. The so-called person in charge refers to the person in charge specified in the application form when submitting an application as stipulated in the Law on Assemblies, Processions and Demonstrations. The so-called directly responsible person refers to a person other than the person in charge who plans, organizes, and directs an assembly, procession, or demonstration; a person who does not obey the instructions of the person in charge or the on-site organizer and acts on his own, thus directly and seriously disrupting social order, is not the person in charge or the person in charge. The person directly responsible cannot be guilty of this crime.

Conditions for the crime of illegal assembly:

1. Holding an assembly, procession or demonstration without applying for it in accordance with the law; or the application is not approved; or the start and end time and place are not followed as permitted by the competent authority , route.

2. Refusing to obey the dissolution order.

3. Seriously disrupt social order.

Legal basis: Article 27 of the "Law of the People's Republic of China on Assemblies, Processions and Demonstrations" stipulates that if an assembly, procession or demonstration is held under any of the following circumstances, the people's police shall stop it: ( 1) Failure to apply in accordance with the provisions of this Law or application for permission; (2) Failure to comply with the purpose, method, slogan, slogan, start and end time, location, and route permitted by the competent authority; (3) Injury to public safety during the process Exploiting security or seriously disrupting social order. If one of the circumstances listed in the preceding paragraph occurs and refuses to be stopped, the person in charge of the people's police on-site shall have the right to order the dispersal; if the person in charge of the people's police refuses to disperse, the person in charge of the people's police on-site shall have the right to decide to take necessary means to forcibly disperse in accordance with the relevant national regulations, and the person in charge of the people's police who refuses to disperse shall have the right to Those who disobey will be forcibly removed from the scene or immediately detained.