We know that if we are involved in litigation and other litigation cases, because our legal knowledge is not very comprehensive, we often don't know how to defend ourselves in court, so lawyers play such a role. If we are detained and cannot see our families, lawyers can also represent us. So if you are suspected of causing trouble, is it useful for lawyers?
First, is it useful to find a lawyer to defend the crime of stirring up trouble?
If a person has been criminally arrested, his family and friends can't see him in person, and only lawyers can go to the detention center to see him. You should ask a lawyer to meet him in time, interview him, understand the case, provide legal help, determine whether it is lighter or mitigated, whether it is in line with the crime, strive for a lighter treatment, and safeguard his legitimate rights and interests.
Hiring a lawyer can help the suspect apply for bail pending trial or appear in court to defend himself. The result depends on the case and the efforts of the lawyer.
Therefore, the role of entrusted lawyers is very great, and the help given by lawyers with comprehensive legal knowledge and rich practical experience is irreplaceable by others.
Second, the latest filing standard of the crime of stirring up trouble.
Core content: The premise of the standard of filing a case for the crime of stirring up trouble is that it must be constituted, while the criminal law requires that the actor's behavior can only be constituted if the circumstances are serious. To judge whether the actor belongs to serious circumstances, we should comprehensively consider factors such as the way, result, time and place of the behavior. On the basis of the constitution of this crime, the Supreme People's Procuratorate promulgated the standard of filing and prosecuting the crime of stirring up trouble, and the Criminal Law Amendment (VIII) also amended this crime.
According to the provisions of the criminal law, the crime of stirring up trouble only constitutes a crime if the behavior is bad, the circumstances are serious or it causes serious confusion in public places. For acts that are minor and harmless, they can only be punished according to general illegal acts.
To judge whether the actor's behavior is serious, the following factors should be comprehensively analyzed:
1, behavior method. Behavior patterns and means play a decisive role in the size of harmful results, and also have a great impact on the degree of social and psychological harm. Therefore, when determining whether the circumstances are serious, we should examine whether the perpetrator used violence, threats and other means, and whether he adopted an open and organized way.
2, the behavior of the direct harm results and indirect adverse consequences. The result of direct harm is that behavior directly harms society. Indirect adverse consequences refer to the adverse effects or indirect damage caused by behavior to society. Whether the perpetrator led the victim to commit suicide, whether it caused great losses to public and private property, and whether it caused serious disorder in public places. , is an important factor in determining whether the plot is serious.
3. Time and place of the act. The same behavior is carried out in different time and place, and the social impact is different. Of course, making trouble in public places during the day is more harmful than making trouble in the wild at night.
The actor's consistent performance. The consistent performance of the actor shows the subjective viciousness of the actor and determines the difficulty for the actor to accept the reform. It is also an important aspect to determine whether the circumstances are serious or not.
According to Article 37 of the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs, anyone suspected of any of the following circumstances shall file a case for prosecution:
(a) beating others at will, causing physical injury to others, beating others at will with a weapon or having other bad circumstances;
(2) Chasing, intercepting or abusing others, which seriously affects the normal work, production and life of others, or causes others to be insane, commit suicide or have other bad circumstances;
(3) extortion or arbitrary destruction or occupation of public or private property worth more than 2,000 yuan, extortion or arbitrary destruction or occupation of public or private property for more than three times, or other serious circumstances;
(4) Causing serious disorder in public places.
The Criminal Law Amendment (VIII) mainly made the following amendments to the crime of stirring up trouble:
1. Add "intimidation" as one of the acts of seeking trouble, so as to severely crack down on those acts that threaten and harass others by violent or non-violent means with the intention of causing psychological deterrence, psychological fear and panic to others. This is aimed at the new situation of the crime of picking quarrels and provoking trouble in practice, especially at the new situation that the so-called "cold violence" and "soft violence" are widely used in the crime of picking quarrels and provoking trouble by black and evil forces in recent years.
2. Intensify the crackdown on the principals who have repeatedly gathered people to make trouble. It is stipulated that "whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and may also be fined". The so-called "gathering others" refers to the combination and aggregation of others, indicating that this provocative and troublesome behavior is not necessarily organized. In most cases, it may be committed by many people or loose gangs, or it may be committed by gangs. The maximum penalty for the crime of stirring up trouble was originally only five years. Considering that many people commit crimes and commit acts of provoking troubles many times, the social harm is far greater than that of a single crime, so one kind of punishment is added, and the maximum punishment is raised from five years to ten years, and a fine can also be imposed. A necessary condition for the application of this punishment is to gather others for many times to make trouble. This provision does not require that every act of provocation must constitute a crime before it can be applied. As long as people are gathered to commit this act for many times, which seriously undermines social order, it meets the applicable conditions of this paragraph.
So, if you are suspected of causing trouble, is a lawyer useful? Of course it has a certain effect. Lawyers can interview you when you are detained, then know what happened in time, defend you in court and strive for the lightest punishment. These are all things that lawyers can do. Of course, it is not mandatory to hire a lawyer according to your actual situation.