The punishment provisions for the crime of disturbing public order are:
1, usually sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and the target of punishment is the ringleaders.
2. If the perpetrator is suspected of disturbing public order, resisting or obstructing the national public security management staff from performing their duties according to law, if the circumstances are serious, the ringleader shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.
Criteria for filing the crime of gathering people to disturb social order
1. Whoever gathers people to disturb social order, if the circumstances are serious, the ringleaders shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. As can be seen from the above provisions, the standard for filing the crime of gathering people to disturb social order should include two conditions.
2, gathering people to disturb social order, if the circumstances are serious, so that work, production, management, teaching and scientific research can not be carried out, resulting in serious losses, the ringleaders shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. The crime of gathering people to disturb social order refers to the act of gathering people to disturb social order, and the circumstances are serious, which makes work, production, business, teaching and scientific research impossible and causes serious losses. As can be seen from the above terms, the filing standards for the crime of gathering people to disturb social order are as follows:
(1) The behavior of the actor gathering people to disturb social order is the key to this crime. Here, two points must be met at the same time: first, there must be acts that disturb social order, that is, acts that interfere with and undermine the normal work, production, management, teaching and scientific research order of party and government organs, enterprises and institutions or people's organizations; Second, the act of disturbing social order must be carried out by gathering people, that is, gathering more than three people in an organized and planned way to disturb. Whether violence is used in the process of provoking trouble does not affect the establishment of this crime.
(2) Gathering people to disturb social order must be serious enough to make work, production, management, teaching and scientific research impossible and cause serious losses, in order to constitute this crime. If the circumstances are serious, in practice, it can generally be determined from the duration of the provocation, the number of people gathered, the nature of the object of provocation and whether the infringement consequences are serious.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 291 of the Criminal Law of People's Republic of China (PRC) gathers people to disturb the order of railway stations, docks, civil aviation stations, shopping malls, parks, theaters, exhibitions, sports fields or other public places, block traffic or disturb traffic order, and resist or hinder state security managers from performing their duties according to law. If the circumstances are serious, the ringleaders shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.