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How to deal with general fights?
First, how to deal with general fights? The treatment of minor injuries in fighting is generally based on the conviction and sentencing of intentional injury stipulated in Article 234 of the Criminal Law, and at the same time, it is also responsible for civil compensation for the victims. If the victim can be compensated actively and the victim's understanding can be obtained, then the court can give the parties a lighter punishment as appropriate. In short, minor injuries belong to the injury level that can be convicted and sentenced. If a fight causes minor injuries, it constitutes intentional injury. Article 234 of the Criminal Law 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. At the same time, it is also necessary to bear civil liability for compensation to the victims. If compensation can be made actively, the victim also understands that it can be used as a statutory discretionary lighter sentence. Both sides of the fight are slightly injured and can mediate. After mediation, both parties can not pursue criminal responsibility. If mediation fails, the public security organ shall investigate the criminal responsibility of both parties and transfer them to the procuratorate for review and prosecution, and then both parties shall file a claim for compensation in criminal incidental civil action, and the court will make a judgment. It is suggested that both parties mediate. If the public security organ does not pursue it, the two sides can negotiate compensation and do not pursue criminal responsibility for each other. Of course, they can also file a private prosecution and demand that the criminal responsibility of the other party be investigated for intentional injury. Second, what are the penalties for fighting? If the circumstances of fighting are minor and have not caused serious consequences, the public security punishment law shall be applied for public security punishment; If the circumstances are serious and cause serious consequences, it shall be punished as the crime of affray in accordance with the provisions of the Criminal Law. Depending on the seriousness of the case, causing minor injuries or more, it constitutes a crime of intentional injury and will be sentenced. 1. Punishment for the crime of intentional injury in fighting: Paragraph 1 of Article 234 of China's Criminal Law stipulates: "Whoever intentionally hurts 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. According to the provisions of this article, as long as it constitutes the crime of intentional injury and causes minor injuries, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Whoever causes serious injury or disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. In a case of intentional injury, if the defendant accidentally injured the victim in a rage because the victim was obviously at fault before the incident, and the circumstances are obviously minor, and the defendant can actively compensate the victim for economic losses after the incident, it should generally be given a lighter or exempted punishment. The incidental civil compensation caused by the crime of intentionally hurting others' bodies belongs to the category of criminal law adjustment and should be punitive. Article 36 of the Criminal Law clearly stipulates: "If the victim suffers economic losses due to criminal acts, he shall be given criminal punishment according to law and compensation for economic losses according to the circumstances." Even if the circumstances of the crime are minor, there is no need to impose a penalty in order to be exempted from criminal punishment. Article 37 of the Criminal Law stipulates: "According to the different circumstances of the case, disciplinary action may be taken or an order may be made to make a statement of repentance, apologize and compensate for the losses." 2. Punishment for the crime of fighting and affray: Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance. 3. Punishment for the crime of affray caused by fighting: Article 292 of China's Criminal Law stipulates that those who affray 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 ten years: 1, who has repeatedly gathered people to fight; 2, affray a large number of people, large scale, bad social impact; 3, in public places or traffic arteries, causing serious social disorder; 4, armed to find trouble. Whoever gathers people to fight and causes serious injury or death shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law. To sum up, fighting is forbidden in daily life, which will affect social order, so if there is a dispute between the two sides, it is best to choose to deal with it calmly. If there is a fight, it will be punished by the public security administration law, and both parties may bear corresponding criminal responsibilities, otherwise they can choose mediation.
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