Article 293 of the Criminal Law stipulates that anyone who commits one of the following acts of provoking troubles and disturbing social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance: (1) 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 disrupts 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.
Question 2: What should we do if both sides break the law? 1, the other party is a troublemaker. From what you said, it seems to be a violation of public security management! If it is handled by the public security organ, it can't be mediated and can only accept administrative punishment! 2. On the premise that the other party makes trouble first, you can't judge the act of beating the other party as justifiable defense or excessive defense, which is intentional injury! If only minor injuries are caused, mediation can be conducted (at this time, the other party's accident behavior can also be exempted from punishment, which is the practice in general law enforcement practice); If mediation fails, the public security organ shall, on the basis of sufficient evidence and clear facts, make a decision on administrative punishment for both parties. Under normal circumstances, if you beat others in partnership with you, you will be detained from 10 to 15 and fined from 500 yuan to 1000 yuan according to Article 43 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment. Those who hit the other party slightly or more shall bear criminal responsibility (if it is a minor injury, it is a minor criminal case that the victim has evidence to prove, and the other party may bear criminal responsibility; If you are seriously injured, you should bear criminal responsibility! The specific injury is subject to forensic identification)! Generally speaking, it is illegal for the other party to make trouble first and hit people first, which will be considered in administrative and criminal handling! You are still students, mediation is the best policy, which is beneficial to both sides! Relevant laws and regulations: Article 9 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment: If the circumstances such as fighting and damage to other people's property caused by civil disputes are minor, the public security organ may mediate. If the parties reach an agreement through mediation by the public security organ, they will not be punished. If the mediation fails to reach an agreement or fails to perform after reaching an agreement, the public security organ shall punish the violator of public security administration in accordance with the provisions of this law, and inform the parties that they can bring a civil lawsuit to the people's court according to law. Article 26 Whoever commits one of the following acts shall be detained for more than five days and less than ten days, and may also be fined up to five hundred yuan; If the circumstances are serious, they shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan: (1) gathering people to fight; (2) Chasing or intercepting others; (three) extortion or arbitrary damage, embezzlement of public or private property; (4) Other provocative acts. Article 43 Whoever beats another person or intentionally hurts his body shall be detained for not less than five days but not more than ten days, and shall be fined not less than 200 yuan but not more than 500 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan. Under any of the following circumstances, he shall be detained for not less than 10 days but not more than 15 days, and shall be fined not less than 500 yuan but not more than 1,000 yuan: (1) beating or injuring others in a gang; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 60; (3) Beating or injuring others for many times or beating or injuring more than one person at a time. Article 234 of the Criminal Law of People's Republic of China (PRC) * * * intentionally hurts another person's body, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
Question 3: How to deal with the crime of suspected provocation? Article 293 of the Criminal Law: 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: 1 Beating others at will, and the circumstances are bad; 2. Chasing, intercepting or insulting others, and the circumstances are bad; 3. Forcibly seize or arbitrarily damage or occupy public or private property, and the circumstances are bad; 4. Making troubles in public places, causing serious disorder in public places. Article 43 of the Law on Public Security Administration Punishment: Whoever beats another person or intentionally hurts another person's body shall be detained for more than 5 days 10 and fined for more than 200 yuan and less than 500 yuan; If the circumstances are minor, they shall be detained for less than 5 days or fined for less than 500 yuan. ......
It can be seen that the identification of "trouble" is very flexible. Because lawyers can intervene in the case in advance, I suggest you take the suggestion upstairs.
Question 4: According to different degrees, different laws have different consequences. Minor, handled by the police station. If the case constitutes a crime, there is a court decision.
Question 5: How to deal with the crime of stirring up trouble? Article 293 of the Criminal Law stipulates that anyone who commits one of the following acts of provoking troubles and disturbing social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance: (1) beating others at will, if 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.
Question 6: How to deal with the crime of stirring up trouble? The crime of stirring up trouble constitutes a crime only if the behavior is bad, the circumstances are serious or the order in public places is seriously disturbed. For acts that are minor and harmless, they can only be punished according to general illegal acts.
Question 7: How to deal with minor injuries caused by the other party's provocation? Pay the money quickly and be careful that the other party will investigate your criminal responsibility.
Question 8: How to deal with the crime of stirring up trouble? Article 293 of the Criminal Law stipulates that anyone who commits one of the following acts of provoking troubles and disturbing social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance: (1) beating others at will, if 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. It is suggested to entrust a lawyer to meet at the detention center first, and at the same time ask the police to transfer monitoring to understand the specific situation at that time. It is important to see whether Fu Kuangcheng plays a major role or a minor role in the whole crime.
Question 9: How should the public security handle trouble? If it does not constitute a crime, it shall be punished for public security; Anyone suspected of committing a crime shall file a criminal case for investigation in accordance with the procedures stipulated in the Criminal Procedure Law. After the investigation, if it is considered that criminal responsibility should be investigated, it shall be transferred to the procuratorial organ; If it is considered that criminal responsibility should not be investigated, the case shall be dismissed and administrative sanctions shall be imposed.
Question 10: What's the problem? How to deal with the crime of stirring up trouble? It refers to arbitrarily provoking, beating, harassing others, arbitrarily damaging or occupying public or private property, or creating troubles in public places. Acts that seriously undermine social order.
Article 293 of the Criminal Law stipulates that anyone who commits one of the following acts of provoking troubles and disturbing social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance: (1) beating others at will, if 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 disrupts 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.