Gathering of people to fight, the primary elements and other active participants, shall be sentenced to less than three years of imprisonment, detention or control; one of the following circumstances, the primary elements and other active participants, shall be sentenced to more than three years to less than ten years of imprisonment:
1, many times gathering of people to fight;
2, the number of people gathering to fight, the scale of large-scale, the impact of the society is bad;
3, in the public **** place or a major traffic thoroughfare gathering of people to fight, causing serious disruption of social order;
4, armed mob fighting. A person who gathers a crowd 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.
Gathering of people to fight convicted as follows:
1, gathering of people to fight, the primary elements and other active participants, shall be sentenced to fixed-term imprisonment of not more than three years, detention or control. Multiple gatherings of people to fight; gatherings of people to fight a large number of people, the scale, the social impact of the bad;
2, in the public **** place or a major traffic thoroughfare gatherings of people to fight, resulting in serious disruption of the social order;
3, armed gatherings of people to fight, to the prime mover and other active participation, shall be sentenced to more than three years to ten years of fixed-term imprisonment.
Mass brawl elements are as follows:
1, the object element: mass brawl crime is the object of public order;
2, objective elements: the objective aspects of the crime of mass brawl for the gathering of people to gang up on the act of brawling;
3, the main elements: the main body of the crime of mass brawl is the general subject, where the age of 16 years old and have the ability to criminal responsibility of natural persons can constitute Criminal liability capacity of natural persons can constitute the crime of mobbing;
4, subjective elements: the subjective aspect of the crime of mobbing is intentional crime
In summary, illegal mobbing is generally more than three people.
Legal basis:
The Chinese People's **** and the Criminal Law of the State Article 292
Gathering of people to fight the crime of gathering a crowd of people to fight, the prime mover and other active participants, shall be sentenced to less than three years of fixed-term imprisonment, detention or control; one of the following circumstances, the prime mover and other active participants, shall be sentenced to more than three years to less than ten years of fixed-term imprisonment:
The following circumstances p>(a) repeated gathering of people to fight;
(b) gathering of people to fight a large number of people, large-scale, social impact is bad;
(c) in public **** place or a major traffic thoroughfare gathering of people to fight, resulting in serious disruption of social order;
(d) armed gathering of people to fight.
The crime of intentional injury; the crime of intentional homicide gathering of people to fight, causing serious injury or death, in accordance with the provisions of Article 234 and Article 232 of this Law shall be convicted and punished.