Fights and brawls are not trivial, and perpetrators not only face the punishment of administrative detention, but may also need to bear adverse consequences such as criminal detention and criminal responsibility. It is said that "if you lose the fight, you will be hospitalized, and if you win, you will go to prison". So, how many days can you be detained for a fight?
Regarding this issue, Mr. Ke will analyze it in detail for you from a legal perspective today
There are two types of detention due to fighting, one is administrative detention and the other is criminal detention, as follows:
(1) Administrative detention for 5-15 days
According to Article 26 of the "Public Security Administration Punishment Law", those who fight in a gang shall be detained for not less than 5 days but not more than 10 days, and may also be fined up to 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB. Therefore, a fight can be punishable by administrative detention for 5 to 15 days, depending on the severity of the case.
(2) Criminal detention for 3-37 days
According to article 91 of the Criminal Procedure Law, if a public security organ deems it necessary to arrest a detained person, it shall submit it to the people's procuratorate for review and approval within 3-30 days after the detention, and the people's procuratorate shall make a decision on whether to approve the arrest within 7 days after receiving the public security organ's request for approval of arrest. Therefore, the public security organs and the procuratorate will make a decision on whether to prosecute or approve the arrest within the above 3-37 days, and thus change the corresponding measures (release, release on bail or arrest), so you may be subject to criminal detention for about 3-37 days.
Possible (e.g., injuries that result in minor injuries or higher are found to be the victim after an injury evaluation).。According to article 82 of the Criminal Procedure Law, the following conditions under which a public security organ may take a person into criminal custody of an active offender or a major suspect are:
1.is preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime;
2.The victim or a person who witnessed the crime identified him as having committed the crime;
3.Evidence of a crime is found in the vicinity or residence;
4.attempting suicide, escaping, or being at large after committing a crime;
5.There is a possibility of destroying or fabricating evidence or colluding confessions;
6.Those who do not state their real names and addresses, and whose identities are unknown;
7.There is a major suspicion of committing crimes on the go, committing crimes multiple times, or committing crimes in groups.
It can be seen that when, in the course of investigation, the public security organs discover that a person who has been taken into administrative detention is suspected of committing a criminal offense or the above-mentioned acts, they have the right to take criminal detention measures against him.
In addition to being detained, a fight may also be subject to the following legal liabilities:
(1) Administrative responsibility.
According to Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments, anyone who beats or intentionally injures another person may be fined 200-1,000 yuan in addition to 5-15 days of administrative detention.
(2) Criminal liability:
1.The crime of assembling a crowd to fight. Article 292 of the Criminal Law of the People's Republic of China stipulates that anyone who assembles a crowd to fight shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release for the ringleaders and other active participants. In any of the following circumstances, the ringleaders and others who actively participate are to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years: (1) gathering crowds to fight multiple times; (2) The number of people gathered to fight is large, the scale is large, and the social impact is vile; (3) Gathering crowds to fight in public places or on major traffic arteries, causing serious disorder in social order; (4) Armed crowds fighting. Where a crowd is assembled to fight, causing serious injury or death, it is to be punished in accordance with the crimes of intentional injury or intentional homicide.
2.The crime of picking quarrels and provoking trouble. Article 293 of the Criminal Law of the People's Republic of China stipulates that whoever assaults another person at will, and the circumstances are heinous, shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release; Where others are gathered to arbitrarily assault others multiple times, seriously disrupting social order, a sentence of between 5 and 10 years imprisonment is to be given, and a concurrent fine may be given.
3.Intentional injury. Article 234 of the Criminal Law of the People's Republic of China stipulates that anyone who intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
(3) Civil liability.
According to Article 1179 of the Civil Code of the People's Republic of China, if a person infringes on another person's personal injury, he shall compensate for the reasonable expenses incurred for ** and **, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.
To sum up, how many days of detention for a fight needs to be judged according to the facts of the specific case. But keep in mind that fighting is definitely not a trivial matter, and everyone must deal with disputes calmly, and don't lose big because of small things.
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