1. What is the sentencing standard for the crime of stirring up trouble?
According to 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:
(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;
(four) together in a public place. 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 shall also be fined.
Second, the boundary between the crime of stirring up trouble and the crime of gathering people to disturb public order and the crime of gathering people to disturb public order.
All three charges are crimes against public order, but there are obvious differences.
1, different criminal motives. The crime of stirring up trouble is to meet the abnormal mental or other unhealthy psychological needs such as playing down a peg or two and having fun; The criminal motives of the latter two are to realize some unreasonable demands of individuals, to disturb the normal order of organs, organizations and units by gathering people to make trouble, or to disturb public places or traffic order, and to exert pressure on relevant units, organs, organizations and even the government.
2. The forms of crime are different. The crime of stirring up trouble does not require gathering people, but the latter two must be in the form of gathering many people.
3. Different in objective aspects. Objectively speaking, the crime of stirring up trouble is manifested in the act of beating others at will with bad circumstances, or chasing, intercepting, insulting or intimidating others with bad circumstances, or extorting, arbitrarily damaging or occupying public or private property with serious circumstances, or stirring up trouble in public places, resulting in serious disorder in public places; Objectively, the latter two are manifested in the act of gathering people to attack state organs, enterprises and institutions, people's organizations or disrupt public places and traffic order, and the circumstances are serious.
4. The subject of crime is different. Anyone who participates in the crime of stirring up trouble shall be investigated for criminal responsibility for this crime; The latter two only investigate the criminal responsibility of the ringleaders and active participants.
The crime of stirring up trouble is quite common in our laws. The handling of related matters should be strictly based on the factual consequences of the actual crime. If the handling of the relevant situation is not clear, you can hire a lawyer to define the law and put forward defense opinions in combination with the actual litigation request.