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In this video, I would like to discuss the consequences and punishments associated with fights and brawls from civil, administrative punishment, and criminal law perspectives.
Firstly, in terms of civil liability, according to Article 1,179 of the Civil Code, if someone inflicts bodily harm on another person, they are obligated to compensate for reasonable expenses related to medical treatment, nursing care, transportation, nutrition, hospital food allowances, and other costs incurred for treatment and rehabilitation. Additionally, they must compensate for any loss of income due to the victim’s inability to work. In cases of disability, the responsible party is also required to cover the costs of assistive devices and provide disability compensation. Furthermore, if the altercation results in death, they must compensate for funeral expenses and provide death compensation.
Moving on to administrative punishment, the Law on Administrative Penalties for Public Security outlines the consequences for engaging in fights or intentionally causing harm to others. According to Article 43 of this law, individuals involved in physical fights or intentionally inflicting injuries may face detention for a period ranging from 5 to 10 days, along with a fine ranging from 200 yuan to 500 yuan. For less severe cases, the punishment may include detention for less than 5 days or a fine up to 500 yuan. However, if the altercation involves aggravating circumstances such as organized fights, injuries inflicted on vulnerable individuals (such as disabled individuals, pregnant women, children under 14 years old, or elderly individuals over 60 years old), or multiple instances of fights or injuries, the punishment may increase to detention for more than 10 days but less than 15 days, along with a fine ranging from 500 yuan to 1,000 yuan.
Lastly, let us delve into the realm of criminal liability. The offense committed during a fight determines the specific criminal charge. If the act constitutes intentional harm, it falls under the category of “infringement of personal rights” and could be considered “intentional injury” if it causes minor injuries or more severe harm. According to Article 234 of the Criminal Law, intentionally causing bodily harm to others is punishable by up to three years of imprisonment. If the harm inflicted is more severe, such as resulting in serious injury, the punishment increases to imprisonment for more than three years but less than ten years. In cases where the altercation leads to death or causes serious disability through particularly cruel means, the punishment can be imprisonment for more than ten years, life imprisonment, or even the death penalty, as stipulated by other laws.
Furthermore, if the act involves arbitrary assault on others without specific intent to cause harm, it falls under the category of “disturbing public order” and may be considered “provocation and disturbance of public order” if it causes minor injuries or more severe harm, or if the assault involves the use of weapons. Article 293 of the Criminal Law states that individuals who randomly assault others, with particularly severe circumstances, can face up to five years of imprisonment. Moreover, if the assailants gather others to engage in multiple assaults, causing significant disruption to social order, the punishment increases to imprisonment for more than five years but less than ten years, along with the possibility of a fine.
If both sides involve multiple individuals in a brawl, it falls under the category of “disturbing public order” and could be considered a “mass brawl” if both sides consist of at least five people. According to Article 292 of the Criminal Law, for mass brawls, the principal instigators and other active participants can face up to three years of imprisonment. However, if the mass brawl involves aggravating circumstances, such as multiple instances of mass brawls, mass brawls in public places or major thoroughfares causing serious disorder, or mass brawls involving weapons, the punishment can increase to imprisonment for more than three years but less than ten years. If a mass brawl results in serious injury or death, the punishment is determined according to the offenses of intentional injury or intentional homicide.