First, how long does it take to get a sentence for the general crime of deliberately stirring up trouble?
In the criminal law, there is no crime of deliberately provoking trouble, only the crime of provoking trouble; The crime of stirring up trouble should be determined according to the seriousness of the criminal suspect's criminal circumstances. Usually, the minimum penalty is to sentence the suspect to fixed-term imprisonment of not more than five years.
criminal law
Article 293 Whoever commits one of the following acts of provoking troubles and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:
(a) beating others at will, and the circumstances are bad;
(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;
(4) Causing serious disorder in public places.
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 10 years and may also be fined.
Second, can the crime of stirring up trouble be mediated?
1. The crime of stirring up trouble is a public prosecution case, which cannot be settled after being put on file, and must be handled in accordance with criminal procedures. Both parties can only adjust civil compensation. After civil compensation, criminals should be given a lighter punishment.
2. After the mediation of the crime of provocation, the prosecution procedure is still necessary. The procuratorate will decide whether to prosecute according to the specific circumstances of the case. Therefore, for the public security organs, whether to release after criminal detention or arrest or not needs to be decided according to specific circumstances. But one thing is certain. After mediation, it can be given a lighter punishment or even exempted from prosecution.
3. What are the objective elements of the crime of stirring up trouble?
Objectively, it is manifested as making trouble, making trouble, making trouble without reason, beating and hurting innocent people, arbitrarily provoking, bullying the city and disturbing public order. The objective behavior of the crime of stirring up trouble is stipulated as follows:
1, beating others at will, and the circumstances are bad.
Beating others at will refers to beating people you know or don't know for no reason or for no reason, because of unhealthy motives such as being overbearing and having fun. The bad plot here refers to those who beat others at will by cruel means and beat others at will many times; Causing the beaten person to commit suicide and other serious consequences.
2. Chasing, intercepting or insulting others, and the circumstances are bad.
Chasing, intercepting and abusing others refers to unhealthy motives such as having fun, chasing, obstructing, insulting and abusing others without any reason, which are mostly manifested in chasing, intercepting and abusing women. The bad plot here mainly refers to people who often chase, intercept and abuse others; Causing bad influence or arousing public anger; Cause other consequences and so on. It should be pointed out that the act of forcing or insulting women by violence, coercion or other means constitutes the crime of forcing or insulting women.
3, extortion or arbitrary damage, embezzlement of public and private property, if the circumstances are serious.
Extortion or arbitrary destruction or occupation of public or private property refers to extortion of commodities in markets and shops and other people's property by unreasonable hooliganism, or arbitrary destruction or occupation of public or private property. Serious circumstances here refer to forcibly seizing or arbitrarily damaging or occupying a large number of public and private property; Causing adverse effects; Repeatedly extorting money or arbitrarily damaging or encroaching on public or private property; Causing serious losses to public and private property and so on.
4. Gathering people to make trouble in public places, causing serious disorder in public places.
Making trouble in public places refers to making trouble in public places with bad motives such as fun, disturbing the order of public places and causing serious chaos. It refers to the destruction of the normal order of public places, causing people to panic and flee.
Deliberate provocation will cause damage to other people's property and threaten their lives. As long as the social order is disturbed, the criminal responsibility of the parties can be investigated. Generally, the punishment will be judged according to the result of the crime. The lighter is less than five years, and the heavier can be punished by ten years in prison. Those who choose to admit their mistakes voluntarily after making mistakes may be given a lighter or mitigated punishment.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: criminal law
293rd beating others at will, if the circumstances are bad; Chasing, intercepting, insulting or intimidating others, and the circumstances are bad; Forcing or arbitrarily damaging or occupying public or private property, if the circumstances are serious; Whoever creates troubles in public places and causes serious chaos in public places shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance; Cooperate with the judge's trial.