Issues On Conviction And Punishment Of Affray Crime Based On A Typical Case

Affray Crime stipulated by Article 292 of the current Criminal Law is originated from the crime of hooliganism of Article 160 of 1979 Criminal Law.The object of Affray Crime is public order. It usually conducts by gathering together to engage in an affray in objective aspect. Affray Crime can only be composed of by principals and active actors. The numbers of the participants of each party are not necessarily equal or more than 3 people. Affray Crime is not a necessary co-crime. Generally, Affray Crime requires direct intent, however, when a crime group conducts it, indirect intent may also exist. Whether the actor has rogue motivation should not be an essential factor of Affray Crime. It is not necessary for a behavior to constitute Affray Crime When judging whether this behavior transfer to other crimes in accordance with Section 2, Article 292 of Criminal Law.