Keywords: crime of provoking trouble and non-crime
0 1, Introduction-Case Analysis
The following author briefly discusses how to plead not guilty (not to prosecute) for the crime of picking quarrels and stirring up trouble through the cases handled:
(a) the basic facts of the case
Victims in prison. In a small mountain village in the northwest of Jiangxi Province, because Yan, a villager in the same village, made slanderous remarks about Lan in the village's WeChat group, on the third day of the first month of 20 19, Lan's son asked Yan to apologize. After that, the two had a physical conflict. Xiong, a relative of Yan Zhong, took part in beating Lan's son. According to the villagers in the same village, Lan, who was washing vegetables in the canal near the village, rushed to the scene to persuade. Later, Lanmou was injured by Xiong and others, causing a comminuted fracture of the back of Lanmou's right hand and a nasal bone fracture. After judicial appraisal, Lan's injury was minor injury level 2.
Report letter from the Central Inspection Team. On March 19 and 17, the Anti-gang Office of Yichun Public Security Bureau received a tip-off letter from the Anti-gang Office of the Central Leading Group for Inspection Work about "Lan is the leader of henan village clan evil forces, occupying villagers' land for a long time, encroaching on collective resources, and hiring social workers to beat informants and their families". This tip-off letter, which was reported by more than 30 villagers in the same village, was handed over to the FX County Public Security Bureau for verification. After asking if there were any criminal suspects, it was divided into four categories. On March 2019 18, FX county public security bureau received a clue from Yichun public security bureau's anti-vice office. On the same day, Luo's family of FX County Forest Public Security Bureau sent someone to investigate Lan on the grounds of "initially asking the villagers and knowing that Lan may have trouble-making behavior, and I intend to file a criminal investigation". 20 14 09 19 accepts the examination and approval and issues a decision to file a case. 2019,21,the police of FX County Public Security Bureau arrested Lan, who worked in a company in Yiyongkang, Zhejiang Province, and escorted him back to his hometown. On May 28th, 20 19, Lan was captured.
2065438+At the beginning of June 2009, during the Dragon Boat Festival, Lan's son came to us and asked us to defend his father. After carefully listening to the case introduction, the defense direction-innocent defense was initially determined.
02. Interpretation of charges and legal provisions
After receiving the case, first of all, we should combine the facts of the case and analyze and deconstruct the explanation of the charges in depth:
(1) Definition of the crime of stirring up trouble: The crime of stirring up trouble refers to the act of arbitrarily provoking, beating, harassing others, or arbitrarily damaging or occupying public or private property, or creating troubles in public places, which seriously undermines social order.
Judging from the constitutive requirements of this crime, subjectively, this crime can only be intentional, openly flouting national laws and social morality. Its motive is to show off one's power and prestige, to pursue spiritual stimulation and to vent one's emotions through the activities of seeking trouble. The subject of this crime should be a natural person who has reached the age of 16 and has criminal responsibility. Objectively implemented the type of behavior contained in this crime.
(B) the type of behavior of the crime of stirring up trouble
Regarding the behavior types of the crime of stirring up trouble, according to the provisions of Article 293 of the Criminal Law of China, there are mainly the following four types of behavior:
(a) beating others at will, if the circumstances are bad:
In this paper, "casually" refers to beating a familiar person or stranger for no reason in order to bully, vent emotions, have fun and other unhealthy motives. This kind of injury does not require minor injuries or more, as long as the circumstances are bad, it constitutes this crime. According to Article 2 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of affray (hereinafter referred to as "Judicial Interpretation of affray"), if one of the following circumstances exists, it is deemed as a bad plot:
1, causing one or more minor injuries or two or more minor injuries;
2, causing mental disorders, suicide and other serious consequences:
3. Beating others at will many times;
4. Beating others at will with a murder weapon;
5. Casually beating mental patients, disabled people, vagrants and beggars, the elderly, pregnant women and minors, causing adverse social impact;
6. Beating others at will in public places, causing serious disorder in public places;
7. Other bad conditions.
(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
According to the provisions of article 3 of the judicial interpretation of affray, one of the following circumstances is a bad plot:
1, repeatedly chasing, intercepting, insulting or intimidating others, causing adverse social impact;
2. Chasing, intercepting, insulting or intimidating others with weapons;
3. Chasing, intercepting, abusing or intimidating mental patients, the disabled, vagrants and beggars, the elderly, pregnant women and minors, causing adverse social impact;
4. Causing other people's mental disorders, suicide and other serious consequences;
5, seriously affect the work, life, production and operation of others;
6. Other bad conditions.