Gathering fighting was only punished by law and order?Prosecutors dug out the crime of being "covered"

All parties that determine the crime of gathering people must not be required to fight more than three people, and they do not require both sides to have the intention of fighting. The unilateral is more than 3 people, and those who have the intention of fighting are also constituted.

When reviewing and prosecuted a traffic accident, the prosecutor of the Procuratorate of the Yanggu County Procuratorate in Shandong Province, the prosecutor of the case handling the case keenly captured the doubts, then launched the investigation and supervision procedure, and supervised the public security organs to investigate the case of the fight together. A few days ago, the court sentenced the defendant Li in the case for two years and six months in prison for the crime of gathering public fights and three years in probation. The public security organs Ma, Yuan, and Lin were still investigating the remaining three people involved.

In September 2021, Lu was transferred to the Yanggu County Procuratorate for review and prosecution for suspected traffic accidents. When the prosecutor asked Lu, when he asked if he had a record of crime or a penalty penalty record, Lu Mou said: "I have no previous inferiority, but in February 2019, Li Mou gathered many people to hit me with a stick to hit me with a stick. Later, Li and others were detained and fined administrative. "The prosecutor recorded the confession completely in the case.

"Although this is a public security case, there is no direct connection with Lu's traffic accident, but I think Lu was beaten by many people. Criminal criminals need to be dug deep. "Prosecutor handling the case said.

After the interrogation, the prosecutor handling the case quickly retrieved the original dossier of the law and order case. In Li, Li's administrative penalty decision clearly stated that Li Mou gathered Ma, Yuan, Lin and others holding a stick to the door of a restaurant to hurt Lu Mou. Why do you gather so many crowds? The prosecutor's heart is even greater.

After reading the dossier and viewing the surveillance video, the prosecutor learned that on the evening of February 23, 2019, Li chatted with female netizen Yan Mou on WeChat during a restaurant in Yanggu County. Essence So Lu Mou and Li scolded on WeChat. Later, Li Mou asked Lu Mou to ask some people to deal with the matter, and notified friends Ma, Yuan, and Lin to prepare to throw stick in front of the restaurant to wait. After Lu Mou and his friends arrived at 4 people, Li Mou and 4 others beaten Lu Mou. Lin also beat Lu Mou's head with a stick, causing the soft tissue of Lu Mou's right top to swell. Other people in Lu did not participate in the fight.

After investigating the case and discussing the joint meeting of the prosecutor, the Yanggu County Procuratorate believed that the parties who did not require the fight in the crime of fighting must be more than three. More than three people, and those who have the intention of fighting, also constitute the crime of fighting together. As a result, all four of Li, Ma, Yuan, and Lin were all suspected of gathered fighting. They should investigate their criminal responsibility in accordance with the law. In the previous handling, the public security organs were only detained and fined Li and others. It was a applicable legal error. The hospital decided to supervise the public security organs.

Subsequently, the Yanggu County Procuratorate issued a notice of filing a case to the public security organs. On May 17 this year, the public security organs transferred Li to the court for review and prosecution for suspected fighting, and the remaining three were still under investigation. Later, the court filed a public prosecution. A few days ago, the court made the above judgment after the trial.

(Source: Procuratorial Daily Author: Lu Jinzheng Jia Wei Lu Huixin)

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