The sentencing and identification standards for the crime of picking quarrels and provoking troubles:
According to Article 293 of the "Criminal Law of the People's Republic of China"
The crime of picking quarrels and provoking troubles refers to Anyone who commits one of the following acts of provocation and disturbing social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or surveillance:
1. Beating others at will, with serious circumstances;
2. Chasing, intercepting, insulting, and intimidating others, the circumstances are egregious;
3. Taking, forcibly, or arbitrarily damaging or occupying public or private property, the circumstances being egregious;
4. In public* ***, causing riots and causing serious disorder in public order.
Whoever gathers together multiple times to commit the acts mentioned in the preceding paragraph and seriously disrupts 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.
Extended information:
1. Related cases:
The defendant was guilty of picking quarrels and provoking trouble and was sentenced to probation
The Xiangzhou District Procuratorate of Zhuhai City prosecuted the defendants Chen ××, Wu ××, Huang ××, Zhu ××, etc. In a case where four people provoked trouble and injured the victims Li ×× and Li ××, causing minor injuries to the two victims, lawyer Kong Jing was entrusted by the defendant Huang ×× to serve as his first-instance defender. By meeting the defendant, communicating with the victim, and reviewing and analyzing relevant evidence materials.
The first-instance defender put forward defense opinions that suspended sentences should be applied and mitigated punishment from aspects such as the occurrence of criminal intent, defendant Huang ××’s lack of criminal record, voluntary surrender, willingness to compensate the victim and obtain the victim’s understanding. The court of first instance finally adopted the defense opinion of lawyer Kong Jing and sentenced defendant Huang xx to one year of probation. The defendant Huang xx was released the day after the court read out the verdict.
2. Determination of the crime of picking quarrels and provoking troubles. The difference between this crime and non-crimes:
According to the provisions of this article, the crime of picking quarrels and provoking troubles must be a bad act, the circumstances are serious, or it causes public violence ***A crime can only be constituted if the order of the place is seriously disordered. For minor and insignificant acts of provoking trouble, they can only be treated as general illegal acts. We believe that judging whether the perpetrator's behavior is serious should be analyzed from the following aspects:
1. The method of behavior. The manner and means of behavior play a decisive role in the magnitude of the harmful results, and also have a great impact on the degree of social and psychological damage. Therefore, when determining whether the circumstances are serious, it should be examined whether the perpetrator used violence, threats, etc., and whether he did so in an open or organized manner.
2. The direct harmful results and indirect adverse consequences of the behavior. Direct harmful consequences refer to actions that directly cause harm to society. Indirect adverse consequences refer to the adverse effects or indirect damage caused by behavior on society. Whether the perpetrator caused the victim to commit suicide, caused heavy losses to public and private property, caused public chaos, seriously disrupted order in public places, etc. are important factors in determining the seriousness of the case.
3. The time and place where the behavior occurred. The same behavior performed at different times and in different places will have different social impacts. In public areas during the day, disturbing activities are definitely more harmful than in the wilderness at night.
4. The perpetrator’s consistent performance. The perpetrator's consistent performance shows the extent of the perpetrator's subjective malignancy and determines the ease with which the perpetrator can accept reform. Whether the offender has repeatedly provoked troubles and refused to change despite repeated admonitions is also an important aspect in determining the seriousness of the crime.
Baidu Encyclopedia-Criminal Law of the People's Republic of China